Other conditions decisions — 2011

The Board found that the Veteran's antral gastritis with duodenal irritability does not warrant a rating in excess of 10 percent, as his symptoms do not meet or more nearly approximate the criteria for a higher evaluation.

The Board has remanded the case for additional development, including obtaining SSA records and a VA psychiatric examination report. The Veteran's claim of entitlement to service connection for generalized body pain and fatigue is currently under review.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the etiology of the Veteran's atrial fibrillation and congestive heart failure.

The Veteran's service-connected duodenal ulcer disability has been manifested by no more than severe symptoms during the pendency of his appeal, and thus he is not entitled to a rating in excess of 60 percent.

The Veteran died due to chronic obstructive lung disease. The Board found that the Veteran was not in receipt of pension or compensation benefits at the time of her death, nor would she have been if she had lived. She did not die while hospitalized by VA, and there is no indication that she was discharged from service for a disability incurred in the line of duty. Therefore, burial benefits are denied.

The Board has remanded the case for additional development, including a VA medical examination and consideration of new evidence. The appeal is not yet decided.

The Board has remanded the case for further development regarding the Veteran's exposure to herbicides in Thailand, which could affect his claim of service connection for the cause of death and dependent's educational benefits.

The Veteran's death was not caused by VA hospital care or medical treatment, and the Board finds no fault on VA's part in causing his death.

The Veteran's claim for additional allowance for school attendance of his dependent child over the age of 18 is denied as he did not file a valid claim within one year of his 18th birthday and there was no evidence of continued enrollment in college after August 20, 2003.

The Board denied the Veteran's request for waiver of recovery of an overpayment of VA disability compensation benefits in the amount of $5,723.60 due to fault on the part of the Veteran and lack of undue hardship.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for blindness of the left eye, with light perception only. The Board finds that additional development is needed to fully consider his claim.

The Veteran's son, J.M.S., is not considered permanently incapable of self-support at the age of 18 due to his mental and physical conditions. The evidence does not show he was unable to support himself prior to turning 18.

The Veteran is seeking service connection for osteopenia, which he claims is due to his service-connected ulcerative colitis. The Board has determined that a VA examination is needed to determine the nature and etiology of the bone disability.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of service connection for a lung tumor, status post surgery. The case is now remanded for further development.

The Board has determined that the Veteran does not have current residuals of food poisoning and therefore service connection is denied.

The Veteran's prostate disorder, including benign prostatic hyperplasia and chronic prostatitis, was incurred during his active military service.

The Veteran's service-connected anal fistula is manifested by pain, swelling, and constant slight or occasional moderate leakage. The Board finds a 10 percent rating is warranted for the entire period under consideration.

The Veteran's claim for a special home adaptation grant is denied as he does not meet the criteria for such assistance due to lack of service-connected disabilities involving upper extremities, blindness, or severe burn injuries.

The Board has remanded the case due to procedural issues, and service connection for arthralgias will be reconsidered.

The Veteran's cause of death, aspiration pneumonia and failure to thrive, did not have its onset during a period of active service or as a result of a service-connected condition. The Board found no competent evidence linking the Veteran's death to his service and/or to a service-connected disability.