Other conditions decisions — 2008

The Board has decided to remand the case for additional development, including obtaining clarification on whether a VA or other government facility was feasibly available to treat the appellant's gunshot wound and determining if he was stable for transfer to a VA facility during his hospitalization.

The Board has determined that the veteran's lung disability is related to his exposure to chemicals in service, and thus grants service connection for this condition.

The Board has denied a higher initial rating for the veteran's service-connected residuals of left vocal cord squamous cell carcinoma due to asbestos exposure, finding that his symptoms have not met the criteria for a 100 percent rating.

The veteran's claim for a compensable rating for his left forearm fracture is being remanded due to the need for further development, including a new VA examination.

The veteran is responsible for co-payment charges associated with VA medical care he received beginning March 9, 2005 due to his failure to report correct gross household income when filing a VA Form 10-10EZ in March 2005.

The Board has determined that the veteran meets the criteria for eligibility for educational assistance benefits under Chapter 32, Title 38, United States Code and grants his claim.

The veteran's service-connected vertebral fracture dislocation requires a back brace that causes damage to his outer garments, warranting an annual clothing allowance for 2005.

The veteran's service-connected residuals of pneumonia do not preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background. As such, the requirements for a total rating based on individual unemployability due to service-connected disability have not been met.

The Board found that the veteran's service-connected compression fracture of the T-12 vertebra does not warrant a higher rating as it only causes mild discomfort and no other orthopedic or neurological impairment.

The Board has remanded the case for further development, including scheduling a videoconference hearing at the RO.

The Board found that the veteran's service-connected urethral stricture did not result in any manifestations of voiding dysfunction, urinary frequency, obstructed voiding, or urinary tract infections. Therefore, an initial compensable rating for this condition was denied.

The Board has remanded the case due to incomplete records and lack of cooperation from the appellant. The claim will be reconsidered after additional development.

The Board has granted service connection for left hip degenerative changes as secondary to the right foot disorder and increased ratings for residuals of postoperative excision of a benign tumor from the third metatarsal of the right foot, bone graft donor site with neuroma, and initial rating for sacroiliitis.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals, cerebrovascular accident due to lack of causation in fact; the proximate cause was not VA negligence or fault.

The Board found that the veteran's low back disorder is not related to service and denied his claim for service connection.

The Board denied the appellant's claim to reopen her service connection for cause of death, finding that no new and material evidence had been submitted.

The Board found that the veteran's income was not excessive for non-service-connected pension benefits in 2005, but it was excessive for 2006 and 2007.

The Board has remanded the case due to a pending hearing request, and the veteran must be scheduled for a Travel Board Hearing.

The Board determined that the veteran's back disability, which approximates moderate limitation of motion with forward flexion greater than 30 degrees but not more than 60 degrees, does not meet or approximate the criteria for a higher rating. The current 20 percent rating is therefore denied.

The Board found that the veteran's prostatitis is not shown to be etiologically related to his active duty service and denied his claim for service connection.