Other conditions decisions — 2008

The appellant was denied eligibility for VA healthcare without a co-payment requirement beginning October 10, 2003 due to exceeding the income threshold.

The Board denied the claim for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1151 as a matter of law, due to the fact that the nursing home care provided at Delmar Gardens on the Green was not furnished by a VA employee or in a Department facility over which the Secretary has direct jurisdiction.

The appeal was dismissed due to a Court of Appeals for Veterans Claims (CAVC) Order vacating the Board's August 2006 decision on the grounds that it no longer has jurisdiction to review the motion.

The veteran, who is over the age of 65 and has a combined evaluation of 60 percent for pension purposes, is granted special monthly pension at the housebound rate.

The Board remands the claims for further development, including obtaining additional medical records and scheduling a VA examination.

The Board granted service connection for progressive proliferative glomerulonephritis, resolving all reasonable doubt in favor of the veteran.

The appeal is remanded for additional development, including a VA examination to determine the current status of the veteran's service-connected right hand disability.

The veteran was denied vocational rehabilitation training because there was no evidence of a serious employment handicap, and his current level of skills and training did not indicate the need for such training.

The Board denied service connection for residuals of a head injury, finding that the veteran did not have any current residuals other than service-connected post-traumatic stress disorder (PTSD).

The Board found that there was no evidence of additional disability as a result of the veteran's falls while in VA care, and thus denied the claim for benefits under 38 U.S.C.A. § 1151.

The Board remands the case for additional development, including providing VCAA notice and obtaining a medical opinion regarding the relationship between the veteran's service-connected disabilities and his death.

The veteran's service-connected peptic ulcer disease, postoperative gastrectomy for gastric carcinoma was granted a 60 percent rating.

The Board denied service connection for right upper quadrant pain with gallbladder wall thickening as there was no evidence of a nexus between the current disability and the veteran's in-service complaints.

The appeal is remanded for further development, including an orthopedic examination to determine the nature and etiology of any right hand disability.

The appeal is remanded to the RO for additional development and adjudication of related claims.

The veteran's neurogenic bowel was rated at 30 percent from September 21, 2001, through April 10, 2006, and increased to 60 percent starting on April 11, 2006.

The veteran's claims for increased ratings for residuals of right inguinal hernia, herniated disc L5-S1, and Morton's interdigital neuritis were denied as the evidence did not support a higher rating.

The Board found that the veteran's death was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of VA fault, nor was it the result of an event that was not reasonably foreseeable.

The Board remands the case for proper VCAA notice as required by Vasquez and Dingess.

The veteran's claim for nonservice-connected burial benefits was denied as he did not meet the eligibility requirements.