Other conditions decisions — 2008

The veteran's disabilities, when considered in conjunction with each other, do not result in his inability to care for most of his daily personal needs without regular personal assistance from others.

The appeal is remanded to provide the veteran's representative an opportunity to submit additional argument and for further development of evidence.

The Board denied the claim for service connection for the cause of the veteran's death and for DEA benefits under Chapter 35, as there was no evidence linking the veteran's death to his military service or establishing that he had a permanent and total service-connected disability at the time of his death.

The veteran's skin disability and alcoholism are service-connected as secondary to his PTSD.

The veteran failed to report for a scheduled VA examination, and as such, the claim for an increased rating was denied.

The veteran was not entitled to waiver of recovery of an overpayment of VA pension benefits due to his bad faith in misrepresenting his home address during his period of incarceration.

The Board denied the veteran's claim for service connection for a herniated nucleus pulposus, L-5 as there was no evidence linking the current disability to military service.

The veteran's claim for nonservice-connected pension benefits was denied because he did not have active military service during a period of war.

The veteran is entitled to a higher 10 percent rating for his memory loss, but not an even higher rating because the evidence does not show a diagnosis of multi-infarct dementia. The veteran's superior right quadranopsia in both eyes was rated at 30 percent.

The veteran requires regular aid and attendance due to his service-connected disabilities, including depression, diabetes mellitus type II, coronary artery disease with stent placement, bilateral cataracts and retinopathy associated with his type II diabetes, left lower extremity peripheral neuropathy associated with his type II diabetes, and right lower extremity peripheral neuropathy associated with type II diabetes.

The Board denied an earlier effective date for the grant of a 30 percent evaluation for service-connected hallux valgus, right foot, with traumatic arthritis.

The veteran's claim for an initial compensable rating for nasal congestion was denied as the evidence did not support a higher evaluation under the applicable criteria.

The veteran's claims for an increased rating for right inguinal hernia, a compensable disability rating for right testicle atrophy, and service connection for left inguinal hernia are being remanded to obtain additional evidence.

The appeal was dismissed due to the death of the appellant.

The veteran died without any service-connected disabilities and was not receiving VA compensation or pension benefits at the time of his death, thus he is not eligible for non-service connected burial benefits.

The Board denied the veteran's request for a waiver of recovery of an overpayment in the calculated amount of $5,023.20.

The claim of entitlement to non-service-connected burial benefits was dismissed as the appellant lacks standing and the maximum amount of burial benefits has already been properly paid to the funeral director.

The appellant is granted recognition as the veteran's surviving spouse for VA death benefits' purposes.

The Board remands the case for further development, including providing proper notice and requesting additional medical records.

The veteran's sprain of the left acromioclavicular joint is manifested by pain at the end points of motion; he does not have nonunion with or without loose movement of the clavicle or scapula; he can move his left arm to above shoulder level.