Other conditions decisions — 2008

The veteran's multiple myeloma was granted service connection as it was caused by or the result of in-service radiation exposure.

The veteran's FMF was granted a disability rating of 60 percent, as the evidence showed that his condition exacerbated 3-4 times per year for often a week at a time, during which periods he experienced high fever, fatigue, and multiple symptoms.

The veteran withdrew his appeal, and the Board has dismissed the case.

The veteran's initial rating for actinic keratoses, basal cell carcinomata, and squamous cell carcinomata was denied as the criteria for a higher rating were not met prior to August 30, 2002.

The Board found that the preponderance of evidence was against the appellant's claim for service connection for residuals of a concussion manifested by memory loss.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of medication prescribed by VA for a psychiatric disability was denied because the evidence did not show that his self-mutilating behavior and its residuals were caused by careless or negligent VA hospitalization or treatment, or an event that was not reasonably foreseeable.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as the additional disability due to VA surgical treatment in November 2001 was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on part of VA and was reasonably foreseeable.

The veteran's claim for an earlier effective date for the award of TDIU was denied as there is no evidence that he was unemployable due to his service-connected disabilities prior to September 28, 2001.

The Board granted a waiver of the recovery of an overpayment in the amount of $25,872 due to undue financial hardship.

The Board found that the evidence did not support a finding of service connection for a pulmonary disorder, as it was more likely due to the veteran's extensive history of tobacco use.

The veteran's claim for an earlier effective date of the grant of service connection for PTSD was denied as there is no legal basis for an effective date earlier than December 16, 1993.

The Board denied the veteran's claims for service connection for a right cerebrovascular accident and entitlement to a total disability rating based on individual unemployability.

The Board denied the veteran's claim for service connection for residuals of erysipelas, as there is no evidence that he has such residuals that began during active service or as a consequence of active service.

The Board denied an effective date prior to June 1, 1999 for the grant of DIC benefits due to lack of evidence of a claim or intent to file such a claim before that date.

The Board remands the matter to determine whether the overpayment of compensation benefits was properly created, including consideration of whether it was due to sole VA administrative error.

The appellant's claim for entitlement to VA benefits was denied as a matter of law because the Service Department certified that he did not have qualifying active military service.

The Board denied service connection for the cause of the veteran's death and dependency and indemnity compensation under 38 U.S.C.A. § 1318, as there was no evidence that a service-connected disability caused or contributed to the veteran's death.

The veteran's claim for reimbursement of unauthorized medical expenses was denied, and the case is being remanded to obtain additional evidence.

The appeal is remanded for a medical examination to identify all nerve damage residuals of the veteran's shrapnel injury.

The appellant is not the last-named principal beneficiary of the veteran's NSLI policy and is not entitled to the proceeds from such policy.