Other conditions decisions — 2008

The Board has determined that the veteran's residuals of a left orchiectomy are due to a congenital defect and not service-connected, as there was no superimposed disease or injury during military service that resulted in any increased disability.

The Board has determined that additional development is needed to properly adjudicate the veteran's claim for restoration of service connection for residuals of thoracic fusion with scoliosis.

The Board has remanded the case due to insufficient VCAA notification and a need for clarification on the bases of service connection.

The veteran's appeal is being remanded for further development of his tarsal tunnel syndrome, including obtaining VA treatment records and arranging for an orthopedic examination to assess the current severity of his disability and its impact on his ability to function.

The veteran's death was due to Alzheimer's disease, which the VA physician found not related to his service-connected depressive disorder. The Board concluded that the veteran's depressive disorder did not cause or aggravate his Alzheimer's disease.

The Board has dismissed the appeal due to the appellant's withdrawal of her claims.

The Board has remanded the case for additional development and due process concerns, including scheduling a hearing at the RO before a Veterans Law Judge.

The veteran's claim for extension of the delimiting date for post-Vietnam era educational benefits is being remanded due to the need for additional records related to his claimed disabilities during a specific period.

The Board has denied the veteran's application to reopen his claim of service connection for residuals of a right eye injury, including a corneal abrasion. The evidence submitted did not raise a reasonable possibility of substantiating the claim.

The veteran's service-connected hypertensive cardiovascular disease was rated at 30 percent prior to January 10, 2005. The Board denied an increased rating for the condition.

The veteran's porphyria cutanea tarda is found to be related to service, specifically his exposure to herbicides in Vietnam.

The Board denied the veteran's claims for service connection for residuals of left rotator cuff repair and impotency, as well as his claim for a temporary total rating based on convalescence following surgery. The veteran's PTSD was rated at 30% prior to November 16, 2004, and increased to 50% thereafter.

The Board determined that the reduction of the rating from 100 percent to 60 percent was proper, and denied the claim for restoration of a 100 percent rating.

The Board has determined that the appellant was not married to the veteran at the time of his death, and thus does not meet the legal requirements for basic eligibility as a surviving spouse of the veteran for VA Death Pension purposes.

The Board has determined that the veteran's current hearing loss is not related to service, and therefore denied his claim for service connection.

The RO denied the veteran's claim for Survivors and Dependents Educational Assistance under Chapter 35, Title 38, United States Code. The case is now remanded to issue a Statement of the Case with respect to this issue.

The Board denied the claim for attorney fees in the amount of $1069.36 based on a February 24, 2006 rating decision as the calculation was correct and no additional attorney fees were warranted.

The appellant is seeking an apportionment of the veteran's disability compensation to his alleged spouse. The claim has been remanded due to a need for a Travel Board hearing.

The Board found that the veteran's bladder cancer was not incurred in service or due to herbicide exposure, and is not caused by his service-connected prostate cancer.

The veteran's appeal is being remanded for a more contemporaneous VA examination to evaluate the current severity of his service-connected right and left knee patellofemoral pain syndrome.