Other conditions decisions — 2008

The veteran's daughter was born with spina bifida in 1987 and died in 1988, but she is not eligible for benefits under the provisions of 38 U.S.C.A. § 1805 as her death occurred before October 1, 1997.

The Board denied the claim for entitlement to DIC benefits for the cause of the veteran's death under the provisions of 38 U.S.C.A. § 1151, as there was no evidence that VA's failure to exercise the degree of care that would be expected of a reasonable health care provider or that the proximate cause of the veteran's additional disability was an event not reasonably foreseeable.

The Board remands the veteran's claim for a VA examination to determine if her TMD disability was aggravated by her service-connected cervical spine disability.

The Board denied service connection for obesity as it is a congenital or developmental disorder and there was no evidence of an underlying disease or disability that resulted in the veteran's obesity.

The Board denied service connection for the cause of the veteran's death and DEA benefits, finding no evidence that the veteran's appendiceal cancer was related to his military service.

The Board found that the reduction in the veteran's disability rating for elevated fever from 10 to 0 percent, effective September 1, 2002, was appropriate based on sustained and material improvement.

The Board denied the veteran's claim for an increased (compensable) evaluation for his service-connected right inguinal hernia, finding that the evidence did not support a compensable disability rating.

The appeal is remanded to the RO for further development of the veteran's claim regarding his eligibility for extended educational benefits under Chapter 1606, Title 10, United States Code.

The Board denied the veteran's claim for service connection for a bilateral foot disability as there was no medical evidence linking his current condition to his military service.

The Board denied an earlier effective date for the grant of TDIU benefits, finding that it was not factually ascertainable prior to April 3, 1996, that the veteran was unemployable due to his service-connected schizophrenia.

The veteran's claim for service connection for a colon disorder was denied as there is no evidence of a chronic disability in service or continuity of symptomatology, and the medical evidence does not link any current diagnosis to his military service.

The case is remanded for the veteran to be scheduled for a Travel Board hearing before a Veterans Law Judge.

The veteran failed to report for scheduled VA examinations, and his claim was denied due to this failure without good cause.

The appeal was denied as the veteran did not meet the schedular thresholds for entitlement to TDIU and was found to be able to maintain and secure gainful employment.

The Board concluded that the veteran's residuals of right thigh gunshot wound did not warrant a rating higher than 40 percent.

The Board denied a rating in excess of 30 percent for rectal fistula with incontinence and denied entitlement to TDIU.

The veteran's rectal fistula with incontinence was rated at 30 percent from April 10, 2002 to September 25, 2006 and increased to 60 percent effective September 26, 2006. The veteran is not entitled to a total disability rating based on individual unemployability.

The appeal is remanded to the RO for scheduling a video conference hearing with a Veterans Law Judge of the Board.

The veteran's request for assistance from the Independent Living Services program was denied as it was determined that the achievement of a vocational goal is not currently feasible and the requested items are not necessary to assist him in functioning more independently.

The appeal is remanded for additional development, including VCAA notice and a new VA examination.