Other conditions decisions — 2008

The Board denied the veteran's claim for service connection for chronic myelogenous leukemia, finding no evidence linking the condition to his military service or herbicide exposure.

The Board has remanded the case due to the need for a VA psychiatric examination and additional development of Social Security Administration records.

The Board has decided to remand the case for additional development, including obtaining SSA records and VA treatment records.

The Board has determined that there is no current diagnosed gastrointestinal disability and thus cannot grant service connection for the veteran's claimed condition as secondary to his service-connected degenerative arthritis of the spine.

The Board and the RO previously denied the veteran's claim for a TDIU in January 1978 and December 1978, respectively. The veteran did not appeal these decisions. He filed his current claim seeking a TDIU on April 17, 2003. As there is no evidence of unemployability within the year prior to this date, an earlier effective date for the assignment of a TDIU is denied.

The Board has determined that the veteran does not have current cold injury residuals to his nose and ears, as there is no evidence of such a condition in service or post-service. The claim for service connection for these conditions was denied.

The Board has determined that the veteran does not have characteristic prostrating headaches during the appeal period, warranting a 0 percent rating for cephalgia.

The Board found that the overpayment of VA benefits was improperly created and assessed against the veteran, thus allowing the appeal to this extent.

The veteran's death was not caused by VA care, but rather complications from his terminal illness and multiple co-morbidities. The Board found that the veteran did not die as a result of any fault on the part of VA.

The Board denied the veteran's claim for service connection for a right hip disorder, finding that there was no evidence establishing a causal relationship between the condition and either service or his previously service-connected right toe disability.

The Board has determined that the appellant's appeal to the Board was not timely filed, and thus the case is dismissed.

The veteran seeks service connection for his current nasal symptoms, including a deviated septum and related issues. The Board has determined that additional development is needed to determine the etiology of these conditions.

The veteran's appeal is being remanded for additional examinations and to obtain relevant medical records. The issues are related to automobile and adaptive equipment, specially adapted housing, and a special home adaptation grant.

The Board has denied the veteran's claims for service connection for a respiratory condition, prostate condition, and bilateral foot condition all claimed as resulting from SHAD testing. The evidence does not support any of these claims.,There is no medical evidence showing that the veteran currently suffers from any of these conditions.

The Board finds that the veteran did not suffer a myocardial infarction or have a left lower extremity circulatory condition due to service-connected diabetes mellitus. The evidence does not support these claims.

The veteran's claim for an extension of his ending date for educational assistance benefits under Chapter 30 beyond December 30, 2006 is denied as there was no established physical or mental disability preventing him from initiating or completing the chosen program of education.

The veteran withdrew their appeal regarding education benefits under the Reserve Educational Assistance Program before a decision was made.

The Board has ordered a remand to determine the validity of the overpayment debt and whether a waiver of recovery is appropriate. The appellant must provide an accounting of how the debt was calculated, update her financial information, and provide evidence regarding the arrest warrant.

The veteran's appeal for an increased initial rating and earlier effective date for peripheral corneal opacities with conjunctival swelling, severe photophobia, and chronic lid irritation was dismissed.,The veteran's appeal for an earlier effective date for service connection for multiple keratoses and sun damage, claimed as skin rash and blisters and burns, was dismissed.

The Board found that the veteran's pre-existing compression fracture of L-2 was not aggravated by his military service and thus denied service connection.