Other conditions decisions — 2008

The Board has remanded the case for further development due to inadequate VCAA notice and missing records.

The Board denied the appellant's claim, finding that her spouse's character of discharge was a bar to VA benefits due to his service not being honorable.

The Board denied the veteran's claim for service connection for acute lymphoblastic leukemia, finding that there was no evidence of its onset during service or a link to his military service.

The veteran's claims for increased ratings and service connection were granted, but the initial ratings assigned are less than what he requested. The right middle finger fracture is rated at 10 percent, while the left tibia fracture is rated at 10 percent as well. The low back disability is rated at 10 percent, the left ankle disability is rated at 10 percent, and the acid reflux disease with hiatal hernia is rated at 10 percent. Service connection for hypertension was denied.

The Board has determined that the veteran's service-connected peptic ulcer disease does not warrant an evaluation in excess of 20 percent.

The veteran died from nonservice-connected causes and was not in receipt of VA disability compensation or pension at the time of his death. The appeal for a burial transportation payment is denied as there is no legal basis to support it.

The veteran is appealing the validity and amount of an overpayment in his VA non-service-connected pension benefits. The Board has decided to remand this issue for further review.

The Board has remanded the case for further development due to conflicting evidence regarding whether the veteran has any current ear disorders related to service.

The VA denied the veteran's claim for service connection for a sinus disorder, finding no evidence of mustard gas exposure or current sinus disorder.

The veteran's claim for reimbursement of unauthorized medical expenses at Strong Memorial Hospital on January 19, 2005 was denied because the treatment did not meet the criteria for payment under VA regulations.

The veteran's appeal was dismissed due to his death before a decision could be made.

The Board found that the veteran does not have a disability manifested by neuropathy of either upper extremity due to disease or injury incurred in service, and it is not proximately due to or the result of his service-connected neck disability. Therefore, service connection for these conditions was denied.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a right eye disability, claimed as secondary to his left eye disability. The case is now remanded for further development.

The veteran's appeal is being remanded for further development, including obtaining a VA examination and providing proper notice under the VCAA.

The veteran's appeal is being remanded for additional development, including consideration of new evidence and compliance with VCAA requirements.

The veteran's claims for vocational rehabilitation services under Chapter 31, Title 38 United States Code are dismissed as moot due to the retroactive grant of benefits.

The Board has reopened the veteran's claim for service connection for PTSD due to new and material evidence submitted since the August 1999 rating decision. The claim is granted as the weight of the evidence supports a finding that the veteran's PTSD is related to his active duty service.

The veteran's claim for an increased evaluation in excess of 40 percent for his service-connected skull loss, status post surgery for colloid cyst of the third ventricle was denied as he refused to undergo a VA examination scheduled by the RO.

The Board denied the appellant's claim for accrued benefits due to her submission of unreimbursed medical expenses after the veteran's death, as such evidence is not allowed in accrued benefits claims.

The Board has determined that the veteran's bilateral bunions are related to his active duty service and grants the claim for service connection.