Other conditions decisions — 2008

The Board has determined that the Warrensburg Veterans Home is eligible for retroactive per diem payments for care provided to eligible veterans starting from September 15, 2000.

The Board has determined that the veteran's pulmonary disorder is not related to his military service and therefore denied his claim for service connection.

The Board found that the veteran does not have a current diagnosis of chronic angina or tachycardia syndrome, and thus denied his claims for service connection.

The veteran's service is not considered active military, naval, or air service for purposes of VA non-service-connected disability pension benefits. Therefore, the claim for basic eligibility to receive such benefits is denied.

The Board has determined that the veteran's current bilateral foot condition with removal of all ten toenails is not linked to his active service, and thus denied his claim for service connection.

The Board has determined that the veteran's eye disorder, excision chalazion of both upper eyelids, does not meet the criteria for a compensable rating as there is no evidence of impaired vision or any chronic residuals related to the condition.

The Board has determined that an effective date earlier than December 4, 2000 for a 30 percent rating for dermatophytosis is denied.

The Board has determined that the veteran's claimed conditions are not related to his military service and therefore denied all three claims for service connection.

The Board has determined that the veteran's current cervical spine disability was not incurred or aggravated during active duty and its incurrence or aggravation during such service may not be presumed.

The veteran's TMJ syndrome does not meet the criteria for a compensable rating as he is able to open his mouth in excess of 40mm and there is no evidence of TMJ lateral excursion.

The Board denied the appellant's request for a waiver of her overpayment of death pension benefits, citing that she did not file her waiver within the 180-day time limit.

The veteran was granted an initial compensable evaluation for a skin disorder from February 16, 2003 to June 8, 2008.,An increased evaluation of 10 percent was assigned on and after June 9, 2008.

The Board found no evidence of a penile cancer disorder during service or within one year after separation, and the veteran's current condition is not linked to service. The claim for service connection was denied.

The VA denied an increased rating for the veteran's service-connected gunshot wound to the chest with pleural cavity injury, as his lung function tests did not meet criteria for a higher rating.

The veteran's appeal is being remanded for additional development, including providing adequate pre-decisional notice and obtaining medical records.

The Board has determined that the veteran's current bilateral foot disabilities are due to her time in active duty service and grants her claim for service connection.

The Board has determined that the veteran's lower right leg disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Board has determined that an earlier effective date for the assignment of a 10 percent rating for status post comminuted fracture distal tuft left thumb is denied.

The veteran's claim for an increased disability rating for his service-connected cervicothoracic spine disability is being remanded to allow for additional development, including obtaining private medical records and scheduling a VA examination.

The veteran's claim for an earlier effective date for nonservice-connected pension benefits was denied because he did not notify VA within one year of his release from prison, despite receiving notice of his parole in February 2002. The earliest effective date granted is March 30, 2004.