Other conditions decisions — 2008

The appeal is REMANDED to the RO via the Appeals Management Center (AMC) for further development and adjudication of the veteran's claims.

The case is remanded for a legal opinion on the validity of the marriage between the veteran and the appellant for purposes of recognition as the surviving spouse.

The Board denied service connection for obesity as it is not an injury or disease for VA purposes and the veteran's weight gain was due to overeating and failure to adhere to dietary guidelines.

The Board denied service connection for Raynaud's Syndrome as it was not established that the veteran's service-connected diabetes mellitus, or complications thereof, caused or aggravated his Raynaud's Syndrome.

The Board denied service connection for residuals of cerebrovascular accident with vascular dementia as it was not related to the veteran's active military service.

The veteran's claim for vocational rehabilitation benefits under Chapter 31 was denied because he does not have an employment handicap despite having service-connected disabilities.

The appeal is remanded to the RO for further development, including verification of alleged in-service stressors and a VA examination.

The veteran's delusional disorder, grandiose type (with schizoid personality disorder) did not warrant a rating in excess of 50 percent from November 7, 2005, to October 4, 2007. However, since October 5, 2007, the criteria for a 70 percent rating have been met.

The case was remanded to the RO for further development and readjudication of the claims.

The Board denied the veteran's claims for increased ratings for degenerative joint disease of C6-C7 and C5-C6, finding that the evidence did not support a higher rating under the applicable criteria.

The veteran's claim for an increased rating for intervertebral disc syndrome and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities were denied.

The veteran's claim for reimbursement of private medical expenses incurred in February 2004 was denied because the treatment was not authorized by VA and did not meet the criteria for emergency care.

The Board denied an increased apportionment of the veteran's disability compensation benefits on behalf of his son J.S. prior to July 1, 2000.

The appeal is remanded to obtain further evidence and an opinion regarding the veteran's eye conditions.

The veteran is entitled to a 100 percent schedular rating for thrombophlebitis of the right lower extremity due to massive board-like edema and unemployability.

The claim for DIC benefits under 38 U.S.C.A. § 1318(b) was denied as there is no evidence that the veteran had a total service-connected disability rating for 10 years prior to his death or that he was hypothetically entitled to such a rating.

The Board denied the veteran's claim for service connection for a neurocardiogenic presyncope disorder, finding that there was no evidence to support a link between the condition and his military service.

The claim for Dependency and Indemnity Compensation (DIC) under 38 U.S.C.A. § 1318(b) was denied as the veteran did not meet the criteria for a total service-connected disability rating for at least 10 years prior to his death.

The Board denied the veteran's claim for waiver of recovery of an overpayment of $15,173.80 in VA disability compensation due to bad faith on his part.

The Board has reopened the veteran's claim of entitlement to service connection for PTSD due to new and material evidence submitted since the previous denial in February 2002. The issue is now remanded for further development.