Other conditions decisions — 2008

The Board denied the appellant's claim for basic eligibility for VA death benefits because her decedent spouse had no qualifying military service.

The veteran's appeal regarding the timeliness of filing an NOD with respect to a June 2003 decision letter denying an extension of his delimiting date beyond February 1, 2003, for educational assistance benefits under Chapter 30 was denied because the NOD was not timely filed.

The VA denied the veteran's claim for service connection for Raynaud's syndrome, finding that there is no current diagnosis of the condition.

The veteran seeks service connection for a sleep disorder, which he claims initially onset during his tour in Iraq. The Board has determined that a VA examination is needed to determine the nature and etiology of any currently diagnosed sleep disorder.

The Board has denied the veteran's request for a massage chair under Chapter 31 of Title 38 U.S.C.A. because there is no medical evidence showing how the massage chair would aid in achieving maximum independence in daily living.

The Board denied the veteran's request for waiver of overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience.

The Board denied an initial compensable disability rating for residuals of a shell fragment wound to the third finger of the right hand, finding that there was no evidence of limitation in motion or function warranting a higher rating.

The veteran's claim for an initial rating in excess of 10 percent for his right knee disability is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the veteran's bowel dysfunction warrants a higher initial disability rating of 30 percent, effective June 6, 2006.

The Board denied the appellant's claims for service connection for breast cancer and for the cause of her daughter's death. The veteran was diagnosed with breast ductal carcinoma with metastasis, but there is no evidence to support a finding that this condition was incurred in or aggravated by military service.

The Board denied the veteran's claim for service connection for residuals of Legg-Perthes disease of the right hip, finding that it pre-existed service and did not increase in severity during active duty.

The veteran's umbilical hernia is rated at 20 percent and the claim for a higher rating is denied.

The Board denied the moving party's application to reopen a claim for service connection for the cause of the veteran's death, finding that new and material evidence had not been received. The decision is considered not to contain clear and unmistakable error.

The veteran's claims for increased ratings for his left hip bursitis and gunshot wound residuals of the thigh were granted, with a rating of 30% effective since June 4, 2007.

The Board has granted an effective date of June 13, 2001 for the grant of service connection and a separate rating for post-traumatic headaches.

The Board found no evidence of a chronic disorder of the central nervous system during active duty or within one year after discharge, and thus denied service connection for a central nervous system disease.

The Board dismissed the appeal as it is barred by finality of a prior decision and cannot be reopened without alleging clear and unmistakable error.

The Board denied the veteran's claims of service connection for periodontal disease and aortic valve abnormality, finding that periodontal disease is not a disability for VA compensation purposes. The heart disorder was determined to be unrelated to service-connected conditions.

The Board has ordered a remand due to the need for another VA examination to determine if the veteran's cerebellar ataxia is related to his military service, specifically his generalized convulsion in May 1967. The case will be readjudicated after this additional development.

The Board has ordered additional development for the veteran's claims of service connection for an eye disorder and laryngitis. The case is being remanded to allow for a VA opinion on whether these conditions are related to service or a service-connected disability.