Other conditions decisions — 2008

The Board found that the veteran was not continuously rated as totally disabled for over 10 years, and thus denied the appellant's claim to DIC under 38 U.S.C.A. § 1318.

The Board has remanded the case due to inadequate VCAA notice and a need for clarification on which issues the appellant wishes to appeal.

The veteran's claim for service connection for residuals of dental trauma to teeth numbered 2, 3, 4, 5, 6, 7, and 8 was denied as there is no evidence linking current dental conditions to his military service.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim for VA death benefits as the surviving spouse of her deceased husband. The additional evidence suggests that she and her late husband had resumed living together in a common law marriage by the time of his death, allowing her to be classified as his surviving spouse.

The RO reduced the veteran's disability rating from 20% to 10%, effective January 1, 2005, based on improvement in his condition.

The Board denied the appellant's claim for waiver of recovery of an overpayment of Dependency and Indemnity Compensation (DIC) in the amount of $11,078 due to her failure to notify VA of changes in dependent status. The Board found that collection would not deprive her of basic necessities and that she would be unjustly enriched if the debt were waived.

The Board determined that the veteran's cause of death from esophageal adenocarcinoma with metastases to bone and liver was not caused or contributed substantially or materially by his service-connected conditions, including hypertension and bilateral hearing loss.

The Board found that the veteran's atrial septal defect with chronic atrial fibrillation pre-existed service and was not aggravated by military service. Therefore, the claim for service connection is denied.

The veteran seeks service connection for a dental disorder that he claims developed during his active duty service and has continued to cause him problems since then. The case is being remanded due to the need to obtain VA treatment records, provide appropriate notice, and schedule an examination.

The Board has determined that a VA examination is necessary to determine the relationship between the veteran's current hydrocephalus and residuals of head trauma, which are claimed disabilities, and his in-service car accident. The veteran will also be provided with corrective VCAA notice regarding disability ratings and effective dates.

The Board denied the veteran's request for waiver of recovery of loan guaranty indebtedness, finding that his actions contributed to the creation of the debt and that recovery would not defeat the intended purpose of the benefits. The decision also noted that failure to make restitution would result in unfair gain to the veteran.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's fatigue is related to service, particularly under provisions of 38 C.F.R. § 3.317(a)(2)(i)(A) and (b)(1).

The veteran's squamous cell carcinoma of the oropharynx is likely attributable to his military service, specifically exposure to herbicides in Vietnam.

The Board denied the veteran's claims for service connection for vascular damage to both legs and for higher initial ratings for bilateral hearing loss. The appeals were characterized as encompassing both matters set forth on the title page.

The Board has determined that the veteran's residuals, thoracic spine injury is not incurred in or aggravated by active military service.

The veteran's appeal is being remanded due to a scheduling mix-up for a hearing before a Veterans Law Judge. The issue of service connection for residuals of a perforated eardrum remains on hold until further notice.

The Board has remanded the case for further development due to uncertainty regarding the nature and etiology of any current respiratory disorder, including COPD and asthma. The veteran should be provided with a VA respiratory examination to determine if his current diagnoses are related to service.

The Board has determined that additional development is needed before the case can be decided. The veteran's Social Security Administration disability file and any pertinent medical records must be obtained.

The veteran has withdrawn her appeal, and the case is dismissed as a result.

The Board denied the veteran's claims for increased disability rating for service-connected neurogenic bladder, service connection of erectile dysfunction as secondary to service-connected neurogenic bladder, and TDIU.