Other conditions decisions — 2008

The veteran's claim for a compensable evaluation for the service-connected residuals of left eye chorioretinitis was remanded for further development.

The appeal is remanded to the RO for further development and adjudication of the issues on appeal.

The Board found that the appellant had not submitted new and material evidence to reopen the claim of service connection for cause of the veteran's death.

The veteran's herniated nucleus pulposis C6-7 with narrowing of C3-4 and C4-5 was not productive of an initial evaluation in excess of 10 percent between September 20, 2004, and March 21, 2006; however, effective March 21, 2006, a 20 percent evaluation was assigned.

The veteran's current chronic skin disorder is granted service connection due to its clinical onset during his combat service in the Republic of Vietnam.

The appellant was granted a waiver of recovery of an overpayment of pension benefits in the amount of $12,254.00 due to undue hardship.

The appellant's discharge was issued under dishonorable conditions due to willful and persistent misconduct, creating a bar to all VA benefits except for Chapter 17 health care benefits. Since the appellant has no other period of service or established service-connected disability, he is denied eligibility for VHA health care benefits.

The appeal is remanded to the RO for appropriate action regarding the claim of entitlement to service connection for the cause of the veteran's death, specifically addressing the appellant's claim that exposure to herbicides in the Republic of Vietnam was the cause of the veteran's death.

The appeal is remanded for a comprehensive dermatological examination to determine the nature and extent of residuals from basal cell carcinoma on the right side of the veteran's nose.

The veteran's dysphagia was rated as noncompensable, and the Board found that a compensable rating was not warranted based on the evidence of record.

The veteran withdrew the appeal for a rating in excess of 50 percent for post-traumatic stress disorder (PTSD).

The veteran was denied enrollment in the VA healthcare system due to his category 8 status and application received after January 17, 2003.

The veteran's post operative residuals of a mitral valve replacement did not meet or approximate the criteria for a rating in excess of 60 percent since June 15, 1994.

The appeal was dismissed due to the veteran's death.

The veteran's claim for an earlier effective date for the award of compensation benefits for pulmonary tuberculosis under 38 U.S.C.A. § 1151 was denied as there is no evidence of a claim being filed within one year of the veteran's hospitalization in May and June 1989 or his diagnosis in July 1991.

The appeal must again be remanded to the RO via the Appeals Management Center (AMC) for further development.

The Board denied service connection for residuals of fractures of the right leg and foot, as well as an injury to the pancreas and aortic aneurysm due to lack of evidence showing current disability related to in-service events.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance or being permanently housebound was remanded for further evidence regarding his service-connected disabilities.

The veteran's claim for a TDIU was remanded to the AOJ for further development and consideration, including referral to VA's Under Secretary for Benefits or the Director of Compensation and Pension Service for extra-schedular consideration.

The case is being remanded for another VA examination to assess the impact of the veteran's service-connected left leg disability on his ability to obtain and perform substantially gainful work during a specific period, followed by adjudicatory action based on all available evidence.