Other conditions decisions — 2008

The veteran is seeking an increased evaluation for his service-connected collapsed right lung, which has been rated as noncompensable. The RO has granted a 20 percent rating effective June 14, 2004. However, the veteran's claim remains pending due to new evidence submitted during the appeal process.

The Board found that the veteran's left leg function remains, and no loss of use has been demonstrated. The claim for special monthly compensation based on loss of use of the left foot is denied.

The appeal is being remanded for the RO to provide notice of an amended regulation and readjudicate the claim.

The appellant is not eligible for DIC benefits as the remarried widow of a veteran due to her remarriage occurring before age 57, and the law does not provide an exception for such cases.

The Board has remanded the case due to a need for a new VA examination and additional VCAA notice.

The veteran's household income for 2004 exceeded the income threshold for entitlement to treatment in the VA health care system without a copayment, and thus he is not eligible for this benefit beginning June 29, 2005.

The veteran's appeal for initial compensable evaluations for non-Hodgkin's lymphoma and broken teeth was remanded due to the cancellation of a scheduled hearing. The case is now pending again with instructions to schedule another video teleconference hearing.

The Board has remanded the case for further development and readjudication due to a lack of a VA examination regarding the veteran's bilateral leg disability.

The Board denied the veteran's claims for an earlier effective date and CUE in a prior rating decision, finding that neither claim had legal merit.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination. The veteran's claim remains pending.

The Board has determined that the veteran's left and right lower leg stress fractures do not warrant a compensable rating as they do not cause functional impairment or malunion/non-union of the tibia and fibula.

The veteran's current disability of severe spontaneous muscle spasms in the right lower extremity is related to his Staphylococcus infection, which was not reasonably foreseeable. The Board finds that VA compensation benefits under 38 U.S.C.A. § 1151 are granted for this condition.

The Board has remanded the case for additional development due to a missing letter from [redacted]. The appellant is asked to submit any relevant evidence or authorize its release if it is held by a medical professional.

The Board denied an increased rating for the veteran's obstructive and restrictive lung disorder, finding that the evidence did not meet the criteria for a higher evaluation.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a small intestine perforation, finding that it was not caused by VA negligence or an unforeseen event.

The Board denied the veteran's application to reopen his claim for service connection for a gastrointestinal disorder, finding that no new and material evidence had been submitted.

The Board has remanded the veteran's appeal due to insufficient evidence of record regarding whether all conditions set out in 38 C.F.R. § 17.1002 are satisfied, and for additional development.

The Board denied the veteran's claim for waiver of overpayment in disability compensation benefits due to fault on his part and lack of undue hardship, but found that repayment would not defeat the purpose of the benefit.

The veteran's claim for an earlier effective date for the grant of service connection for impotence with special monthly compensation based on loss of use of a creative organ was denied.

The veteran's appeal is being remanded for additional development, including obtaining SSA records and ensuring proper notification of his rights under the VCAA.