Other conditions decisions — 2008

The Board denied the veteran's claim for a temporary total evaluation based on convalescence following his May 20, 2005, surgery for service-connected urethral stricture as it did not meet the criteria under VA regulations.

The veteran's service does not meet the threshold criteria for basic eligibility for nonservice-connected pension benefits, and his claim is denied.

The Board has granted service connection for the rupture of the posterior tibial tendon of the left foot, finding that it is proximately due to a service-connected insect bite and debridement procedure. The claim for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment was denied as there is no qualifying disability.

The Board has determined that the veteran's son is a helpless child on the basis of permanent incapacity for self-support prior to attaining the age of 18 years.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and other due process requirements. The appellant's claim for service connection for the cause of her husband's death will be remanded for further action.

The Board has decided to remand the veteran's claim for service connection for reflex sympathetic dystrophy syndrome due to additional development being required.

The veteran's claim for waiver of overpayment of nonservice-connected disability pension benefits was denied as the request for waiver was not made within the required time frame.

The Board has determined that the veteran's residuals of a right inguinal hernia are service-connected, but there is no evidence of current residuals for his left inguinal hernia.

The veteran's appeal is remanded for further development, including obtaining SSA records and clarifying the nature and extent of his left lower extremity disabilities.

The veteran's appeal is being remanded for a Travel Board hearing before the RO in Waco, Texas.

The veteran's ALS, which was a cause of his death, is presumed to have developed as a result of his active service. The Board grants the claim for service connection for the cause of the veteran's death.

The Board found that the veteran's sleep disorder and left eye disability are not service-connected as they were not diagnosed in service or linked to service.

The veteran's service-connected kerataconus was not manifested by visual acuity levels that would warrant a rating in excess of 30 percent prior to April 1, 2004.

The Board has determined that the veteran's myelofibrosis was not incurred in service and is unrelated to any exposure to herbicides or environmental agents. The claim for anemia during service is also denied.

The Board has determined that the veteran does not have current disabilities manifested by residuals of a bilateral blepharoplasty, nose bleeding or bilateral heel disorder that are causally related to his period of service.

The Board has determined that the veteran's claimed conditions are less likely than not related to his military service and therefore denied his claims for service connection.

The veteran's service-connected left and right trench foot were rated at 30 percent each for accrued benefits purposes. The appeal was denied as the ratings did not meet the criteria for an increased evaluation.

The VA has determined that the veteran's keloids of the anterior neck area, residuals of pseudofolliculitis barbae, do not meet or exceed the criteria for a rating in excess of 50 percent from February 5, 2007.

The case is being returned to the RO for further review due to a duty to assist violation and potential tainting of representation.

The Board found that there was never a valid marriage between the veteran and the appellant, and thus denied her claim to be recognized as his surviving spouse for VA benefits.