Other conditions decisions — 2008

The Board found that the service member's discharge was due to willful and persistent misconduct, which bars him from receiving VA death pension benefits.

The Board has granted service connection for adjustment disorder with depressed mood as secondary to the veteran's service-connected hearing loss and tinnitus.

The Board has determined that the veteran does not have a current sinus condition and there is no evidence linking any such condition to service. As a result, the claim for service connection for a sinus condition is denied.

The Board has determined that the veteran's right carotid artery stenosis warrants a 10 percent disability evaluation, resolving all doubts in favor of the veteran.

The veteran's appeal is remanded due to a request for a videoconference hearing. The issues of entitlement to increased ratings for shell fragment wound residuals and osteomyelitis are not addressed in the decision.

The veteran's claim for basic eligibility for VA educational assistance under Chapter 30 was denied as he did not have the requisite remaining eligibility under Chapter 34 due to the program's termination on December 31, 1989.

The Board has remanded the case for additional evidentiary development due to new evidence submitted by the veteran's representative without a waiver of AOJ consideration.

The VA determined that the veteran's bilateral arm and hand disorder did not result from carelessness, negligence, or lack of proper skill on the part of VA in providing medical treatment. The claim is denied.

The Board denied service connection for a bilateral hand disorder and granted service connection for left shoulder and right knee disabilities, but the veteran's claim was not substantiated as his current Raynaud's phenomenon is considered new and material evidence.

The veteran's Acute Myelogenous Leukemia (AML) has been in complete remission since June 1, 2003. His hemoglobin levels have consistently been above the threshold for a compensable rating under VA's rating schedule.

The VA did not find that the veteran's additional disability was caused by negligence or improper care, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's service connection claims for non-cardiac chest pain, muscle pain, and tendonitis and stiff achy joints as they are not related to her military service.

The veteran's service-connected lichen simplex chronicus of the groin and bilateral thighs is currently rated at 10 percent, but does not meet the criteria for a higher rating based on current symptoms.

The veteran's essential tremor of the right upper extremity is rated at 50 percent, effective May 5, 2000.

The Board granted an initial 40 percent rating for Sjogren's syndrome since the effective date of service connection, August 10, 2001. The veteran is not entitled to a higher rating as his symptoms do not meet the criteria for a 60 or 100 percent rating.

The veteran's claim for a disability rating in excess of 10 percent for service-connected residuals of pneumonia is being remanded due to the need for additional development, including scheduling an appropriate VA examination.

The Board is considering whether the veteran's duodenal ulcer warrants a rating in excess of 20 percent from July 1, 1961 to September 26, 1994. The decision will also address whether there are any issues related to service connection or exposure that need to be addressed.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for right foot drop with compartment syndrome resulting from VA medical treatment, and the case has been remanded to obtain additional development.

The Board has determined that the veteran's left hip disorder is service-connected as it was incurred during his military service.

The veteran's request for retroactive educational assistance benefits under the Montgomery GI Bill is denied as his enrollment period does not qualify based on the date of his claim.