Other conditions decisions — 2008

The Board has determined that new and material evidence has not been received to reopen the claim for basic entitlement to VA death benefits, as the additional evidence submitted does not relate to an unestablished fact necessary to substantiate the claim.

The Board found that the appellant and veteran were not married for at least one year prior to the veteran's death, thus denying her eligibility for Dependency and Indemnity Compensation (DIC) benefits.

The Board has ordered a new VA examination to assess the severity of the veteran's post-inflammatory hypopigmentation, as his condition may have worsened since the last evaluation. The claim will be remanded for further review.

The appellant is ineligible to receive educational assistance benefits under Chapter 30 as a matter of law due to receiving more than $2,000 for each year of his participation in the ROTC scholarship program.

The Board found that the veteran's cause of death, cerebrovascular accident (CVA), was not caused or contributed to by a service-connected disability. The Board concluded that the veteran's dementia, which had its onset in service and continued for decades post-service, did not contribute substantially or materially to his CVA.

The Board has remanded the case for additional development, including searching for Army Reserve service medical records and advising the veteran of his right to support his claim with alternate forms of evidence.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his pancreatic cancer to his service or any service-connected condition.

The Board has granted the appellant's claim for waiver of recovery of overpayment of Chapter 30 education benefits in the amount of $18,839.75 due to undue hardship and lack of fault on the part of the appellant.

The VA denied the appellant's claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151, finding that the veteran's death was not caused by any fault on the part of the VA.

The veteran withdrew his appeal, resulting in the dismissal of the case.

The veteran's claim for service connection for right leg disability is being remanded due to the need for additional development, including obtaining medical records and examining the nature and etiology of any diagnosed condition.

The veteran does not have left eye vision loss as a result of his service. His claim for service connection is denied.

The Board found that the veteran's vision loss and dry eyes are not service-connected due to lack of evidence showing a chronic disability incurred during active duty.

The Board has remanded the veteran's claims for increased ratings for his service-connected leg injuries due to inadequate examination and failure to address flare-ups.

The veteran's depressive mood disorder was previously granted service connection, but a higher rating is denied. The chronic cystitis has been granted a 40% disability rating from November 14, 1997 to May 7, 2007, and the claim for an increased rating since that date remains denied.

The veteran's appeal is about an increased evaluation for his service-connected gunshot wound to the neck, including myositis of the back muscles and injury to MG XXXIII. The Board has requested a medical opinion regarding whether there are additional muscle groups affected by the gunshot wound.

The Board found that the veteran's heart disorder, including atrial fibrillation and ventricular tachycardia, was not incurred in or aggravated by service.

The veteran's appeal is being remanded for additional development of his claims, including obtaining VA treatment records and ensuring all submitted evidence is included in the claims folder.

The Board has determined that the veteran's chronic pharyngitis warrants a rating of 10 percent, as it manifests by hoarseness without evidence of inflammation of cords or mucous membrane.

The Board found that the veteran's service-connected epididymitis of the right testicle is manifested by chronic pain with occasional debilitating flare-ups, but does not meet the criteria for a higher initial rating.