Other conditions decisions — 2008

The Board has decided to remand the case for further development, including a VA examination to determine if the veteran's preexisting skin disease worsened during his service.

The veteran's death was not considered for accrued benefits due to the marriage not meeting eligibility requirements. The case is being remanded to issue an SOC addressing this denial.

The Board denied the appellant's request to reopen his claim for basic eligibility for VA benefits due to a lack of new and material evidence, as the National Personnel Records Center (NPRC) found no qualifying service in the Philippine Army.

The Board denied the veteran's claims for an earlier effective date for urticaria and separate ratings for tinnitus. The veteran was granted service connection for urticaria in May 2004, but his claim of CUE in a prior denial was not successful. For bilateral tinnitus, he is already receiving the maximum disability rating.

The veteran's appeal is being remanded for a Travel Board hearing at the local RO. The issues include service connection for hip conditions and an increased rating for lumbosacral spine disability.

The veteran's income for the year 2002 exceeded the threshold amount required for eligibility to receive VA medical care without a copayment. The appeal is denied.

The Board has determined that the preponderance of the evidence is against the veteran's claim for an increased rating for paroxysmal atrial fibrillation, and thus denied the claim.

The Board has remanded the case for additional development, including obtaining records from Middlesex Memorial Hospital and other facilities where the veteran received treatment for psychiatric disorders.

The veteran withdrew his appeal regarding service connection for colorectal carcinoma, including due to inservice exposure to herbicides.

The Board denied the appellant's request for waiver of overpayment of pension benefits in the amount of $5,286.00 due to it being untimely filed.

The veteran's appeal was dismissed due to his death.

The Board denied the appellant's claim for an extension of her basic 10-year period of eligibility for receiving educational assistance benefits under Chapter 30 beyond February 1, 2005. The appellant was not granted a delimiting date beyond this date.

The Board finds that the veteran does not have a current thoracic spine disorder and therefore, service connection for this condition is denied.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of evidence of qualifying service with the US Armed Forces.

The veteran developed vestibulopathy as a result of gentamicin treatment for endocarditis. The VA physician concluded that the event was not reasonably foreseeable and thus, compensation benefits are granted under 38 U.S.C.A. § 1151.

The veteran's daughter, L.W., was not found to be permanently incapable of self-support as a child before her 18th birthday. The Board determined that the evidence did not support her claim for recognition as a helpless child.

The Board found that the veteran did not have current medical disability due to an in-service head injury and denied his claim for service connection.

The Board has remanded the case for additional development, including a VA examination to assess the veteran's occupational and functional impairment due to his service-connected ankylosing spondylitis. The TDIU claim is also being considered.

The Board has determined that there is no evidence of a present eye disability for VA compensation purposes as a result of an event, injury, or disease during active service. The claim for entitlement to service connection must be denied.

The Board found that new evidence did not establish a direct link between the veteran's adenocarcinoma of the colon and metastatic carcinoma of the right lung and his in-service asbestos or herbicide exposure. The claims were therefore denied.