Other conditions Board decisions

The Board has remanded the case for further evaluation to determine if the veteran's current 'heat induced motility disorder' is related to his heat exhaustion in service and whether he has any residual disability as a result.

The veteran is seeking an initial increased rating for her residuals of a bilateral ovarian cystectomy. The case has been remanded due to the need for additional development, including review of new medical evidence and scheduling of a VA examination.

The veteran's claim for tutorial assistance from January to May 2002 was denied as the school did not certify a deficiency in any required course or one that is a prerequisite or indispensable to his program of education.

The veteran's claims for increased evaluations were denied. The highest possible rating of 30 percent has been assigned for postoperative residuals of a vaginal hysterectomy with history of uterine prolapse, and the veteran is receiving special monthly compensation based on anatomical loss of a creative organ.

The Board denied the veteran's claim for an effective date prior to January 1, 2003, for additional compensation benefits based on a dependent spouse. The decision found that the earliest effective date was December 11, 2002, and thus the earliest possible effective date is January 1, 2003.

The Board has determined that the veteran's PTSD is due to his active military service and grants the claim for service connection.

The Board finds that the veteran did not have service-connected disabilities rated as 100% disabling for at least 10 years prior to his death, and thus does not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board found that the overpayment of VA funds was limited to the amount paid during the period from January 1, 1982, through July 31, 1990. The appellant's claim for waiver of recovery of this overpayment is also remanded.

The Board has decided to remand the case for further development and readjudication, including consideration of accrued benefits.

The Board has determined that the veteran's lung disability, which was first diagnosed in 1998, is not related to service or exposure to herbicides. The claim for service connection is denied.

The Board denied the veteran's claims for service connection for a left hand injury and spinal cord injury, as well as his application for nonservice-connected disability pension. The decision found no current disabilities associated with these conditions and that the appellant did not have qualifying service for the benefits sought.

The case is being remanded due to new evidence submitted by the appellant. The AOJ will review this evidence and provide a supplemental statement of the case if necessary.

The Board has determined that the appellant is not entitled to recognition as the veteran's surviving spouse for dependency and indemnity compensation (DIC) purposes due to a lack of evidence establishing a valid marriage between the veteran and the claimant.

The Board has determined that the veteran's right testicular seminoma was first manifest within one year following service and granted service connection on a presumptive basis.

The veteran's death was not due to service-connected conditions, and the maximum burial benefits for a nonservice-connected death have been awarded.

The Board denied service connection for the cause of the veteran's death due to lack of evidence showing a link between degenerative debility and service.

The Board denied the appellant's request to reopen her claim for recognition as the veteran's spouse for VA death benefits, finding no new and material evidence presented.

The Board has remanded the case due to a failure to provide proper notice under the VCAA, and the claim for service connection for an abdominal disorder will be reconsidered.

The Board denied the veteran's request to reopen his claim for service connection for a right eye disability, finding that the new evidence submitted did not raise a reasonable possibility of substantiating the claim.

The Board has granted an increase in the apportionment amount of $25 per month from March 1, 1990 to April 1, 1994; $38 per month from April 1, 1994 to December 1, 1994; and $39 per month from December 1, 1994 to March [redacted], 1998 of the veteran's VA disability compensation on behalf of the child E.J.B.