Other conditions decisions — 2012

The Veteran's benign prostate hypertrophy with urinary hesitancy is not manifested by daytime voiding interval between one and two hours, or awakening to void three to four times per night; does not require the wearing of absorbent materials; and does not meet other criteria for a higher rating. The claim for an increased rating is denied.

The Veteran's globus hystericus has been rated as 30 percent disabling, and the Board finds that this rating is appropriate based on his symptoms. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board found that the Appellant's actions constituted acts of bad faith on her part and were the direct cause of the death pension overpayment at issue, resulting in a denial of waiver of recovery of the overpayment.

The Board has determined that the appellant, N.S.B., can be recognized as the Veteran's surviving spouse for the purpose of establishing eligibility for VA benefits.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Veteran's neurologic disability, including PLS and ALS, is granted as service connected.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected pilonidal cyst and any related complications. The TDIU claim will also be considered.

The Board denied the veteran's claim for a one-time payment from the FVEC due to lack of qualifying service.

The Board has remanded the case for additional development, including obtaining service personnel records and a medical opinion regarding the Veteran's esophageal cancer. The appeal is pending until further action is taken.

The Board dismissed the appeal due to the death of the appellant.

The Board found that the Veteran did not properly complete a VA Form 22-1990, which was submitted in November 2009, and thus it does not constitute an irrevocable election of Chapter 33 Post-9/11 GI Bill benefits. As a result, the appeal is denied.

The Board has remanded the case for further development due to insufficient evidence regarding the cause of the Veteran's right foot hammertoe deformity.

The Veteran's initial compensable evaluation for residuals of cholecystectomy was denied prior to October 6, 2008. For the period beginning on October 6, 2008, her claim for a higher initial evaluation was also denied.

The Veteran's panic disorder was manifested by symptoms that more nearly approximated occupational and social impairment with occasional decrease in efficiency and intermittent periods of inability to perform occupational tasks, but not occupational and social impairment with reduced reliability and productivity.

The Board has granted a 10 percent rating for gastritis since May 7, 1996 and denied an increased evaluation for neck injury.

The Board found no evidence of a current diagnosis of asbestosis and concluded that the Veteran's moderate restrictive disorder was not etiologically related to his military service. The appeal is denied.

The Board has determined that the Veteran's BCCs are related to his time in active duty service, specifically exposure to tropical sun during his service in Vietnam.

The Board determined that N.S.B. met the criteria for a surviving spouse and granted her eligibility for VA benefits as the Veteran's surviving spouse.

The Board has reopened the previously denied claim for service connection for a skin disorder, to include as due to Agent Orange exposure. The Veteran's testimony regarding continuity of symptoms since service and his in-service exposure to herbicides supports reopening the claim.

The Veteran's appeal is being remanded due to the need for a new VA examination and additional medical records, as well as clarification on whether he wishes a DRO hearing.