Other conditions decisions — 2008

The Board has denied the claim for service connection for the cause of the veteran's death and the claim for accrued benefits due to a lack of evidence within the one-year filing period.

The veteran's application for Service Disabled Veterans' Insurance (RH) was denied because he was discharged from active military duty before April 25, 1951.

The Board has determined that the appellant does not have the required military service to be eligible for VA benefits and has ordered a remand for further action.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital from April 1, 2005 to April 30, 2005 was dismissed due to the death of the appellant.

The Board denied service connection for a back injury and granted an initial disability evaluation of 30% for onychomycosis, effective from December 18, 2002. The veteran's claim for higher ratings was not supported by the evidence.

The Board has remanded the case for additional development, including obtaining medical opinions regarding employment impact and scheduling VA examinations.

The veteran's claim for service connection for depressive-psychotic disorder as secondary to his service-connected hypothyroidism is being remanded due to the need for issuance of a statement of the case.

The RO reduced the veteran's rating for his lumbar spine disability from 60 percent to 40 percent, effective July 1, 2005.

The veteran's claim for an earlier effective date for the grant of service connection for agoraphobia with panic attacks is granted, and his petition regarding CUE in a September 5, 1985 rating decision is dismissed.

The Board denied the veteran's claims for service connection for clostridium difficile and an increased rating for lichen simplex chronicus. The veteran does not have a current diagnosis of clostridium difficile, and his skin condition is currently rated at 10 percent.

The Board denied the veteran's claims for service connection for residuals of a cold weather injury to both hands and feet, as well as his claim for special monthly pension on account of being housebound or needing aid and attendance of another person. The evidence did not establish that the veteran had current disabilities related to service or needed regular aid and attendance.

The Board found no evidence of mustard gas exposure during service and concluded that the veteran's current respiratory or lung condition is not related to his military service, including any mustard gas exposure.

The VA has determined that the veteran's fungus infection of the left ear does not meet the criteria for a compensable rating, as it is not manifested by swelling, dry and scaly or serous discharge, and itching requiring frequent and prolonged treatment.

The Board found that the veteran's current upper respiratory disorder and stomach disability are presumed to be due to his service in the Gulf War, specifically exposure to smoke during active duty. Service connection is granted for these conditions.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for low back disability to include cauda equina syndrome with bladder dysfunction, which he claims was caused by VA surgeries in June 1997 and August 2001. The Board has determined that a new examination and medical opinion are needed to determine if the veteran's additional disabilities were proximately caused by these surgeries.

The Board has remanded the claim of service connection for weak joints due to new evidence submitted by the veteran.

The Board found that the veteran's abdominal bloating with hernias and liver lesion were not caused by VA negligence or carelessness, and thus denied compensation under 38 U.S.C. § 1151.

The appellant's claim for nonservice-connected disability pension and special monthly pension was denied because he did not have at least 90 days of qualifying service during a period of war, as required by law.

The Board has remanded the case due to incomplete in-service medical records and the need for further evidentiary development regarding a lung disability.

The Board has determined that the veteran's former spouse is entitled to an apportionment of his VA disability compensation benefits, but finds that the current monthly amount ($200) does not adequately address her financial hardship. The case is remanded for further development and consideration.