Other conditions decisions — 2008

The Board found that the veteran's gastritis, esophagitis, and hiatal hernia disabilities do not meet the criteria for a higher disability evaluation under the applicable scheduler criteria.

The veteran's stomach disability has resulted in frequent hospitalizations and significant interference with employment, warranting consideration of an extra-schedular evaluation.

The Board is remanding the case to ensure compliance with previous remand orders, including providing an adequate medical opinion regarding the veteran's gastrointestinal disability.

The Board found that the veteran's multiple lipomas were not incurred in or aggravated by his active service and denied his claim for service connection.

The veteran's current memory loss is reasonably related to his in-service injury, and the Board finds that service connection for memory problems, diagnosed as organic brain syndrome, as a residual of a fracture of the left maxillary zygomatic complex, is granted.

The veteran's claims for increased rating and unemployability benefits are being remanded due to the need for additional medical records and examination.

The veteran's appeal has been withdrawn by his representative, resulting in the dismissal of the case.

The Board has vacated the November 6, 2007 decision denying an increased rating for residuals of acromioclavicular separation of the left shoulder. The current disability rating remains at 20 percent.

The Board has remanded the case for a more focused opinion regarding the onset of the veteran's cognitive deficit and whether there was fault in furnishing her medical treatment.

The veteran's panic disorder has been rated at 100 percent since April 18, 2006 due to total social and occupational impairment. The appeal for service connection of migraine headaches is pending.

The Board is remanding the case to determine if new and material evidence has been presented to reopen the issue of whether the appellant's discharge from service was a bar to VA benefits.

The veteran's claim for an initial compensable evaluation for left eye diplopia is being remanded due to the need for a new VA examination and consideration of additional VA outpatient treatment records.

The Board has determined that the appellant and veteran were legally married but did not live together continuously prior to the veteran's death, finding their separation was due to fault on both sides. The claim for recognition as the surviving spouse of the veteran for VA death benefits is denied.

The veteran's nonservice-connected pension benefits were terminated on July 1, 2003 due to his receipt of Social Security Administration (SSA) benefits. The Board found that the termination was not effective earlier because it took some time for VA to process the paperwork and create an overpayment. However, the veteran is responsible for the overpayment as he did not request a later effective date.

The Board has determined that the reduction of the veteran's disability compensation benefits to an equivalent of a 10 percent evaluation, effective January 9, 2004, due to incarceration for a felony conviction was proper.

The Board has granted a 40 percent evaluation for the veteran's adenocarcinoma of the prostate, effective from March 1, 2005. The condition is presumed to be due to exposure to Agent Orange during service in Vietnam.

The Board denied the veteran's request for a waiver of recovery of overpayment amounts due to untimely filing and found that recovery would not be against equity and good conscience.

The Board has remanded the case due to incomplete VCAA notice and failure to readjudicate after providing such notice.

The veteran's claims for service connection and non-service connected pension benefits have been dismissed due to the death of the appellant.

The Board found that the veteran's death was not caused by VA medical treatment, and thus denied both his claim for disability compensation under 38 U.S.C.A. § 1151 and his DIC claim.