Other conditions Board decisions

The Board has remanded the case for further development due to new evidence submitted by the appellant, and the claim of service connection for the cause of the Veteran's death remains denied.

The Board has remanded the case for additional development, including obtaining private treatment records and copies of the Veteran's death certificate. The appeal is being returned to the AOJ for further action.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a perforated posterior duodenal diverticulum, which he claims was caused by treatment provided by the VA. The Board has remanded the case due to an issue regarding Dr. Senzan Hsu's employment status.

The Veteran's claim for an increased rating for left lower leg venous insufficiency is denied as the evidence does not show persistent ulceration, which would warrant a higher evaluation.

The Board found that the overpayment of $8,427.70 was validly created due to a fraud scheme perpetuated by sixty Veterans enrolled at RMTU.

The Veteran's skin disorders were not shown to be related to his military service or herbicide exposure, and the Board denied his claim for service connection.

The Board has determined that the Appellant's periods of absence without official leave (AWOL) are not a bar to entitlement to VA compensation benefits due to compelling circumstances, including fear for his life from hazing by fellow service personnel.

The Board found that the Veteran does not have a current neurological or musculoskeletal right hand disability related to his service-connected right fifth finger disability.

The Board denied the appellant's claim for an extension of her delimiting date for educational assistance benefits, finding that she did not provide sufficient evidence to support a disability preventing her from using education benefits prior to February 8, 1991.

The Veteran's claim for an initial compensable disability rating for onychomycosis of the feet has been denied as his condition does not meet the criteria for a compensable rating under VA's skin disorders evaluation criteria.

The Board has determined that the Veteran's hemoglobin C disorder had its onset during active service and granted service connection for this condition.

The Board denied the Veteran's request for an extension of his delimiting date for VA education benefits under Chapter 30, finding that he did not meet the eligibility requirements due to a lack of four years of continuous service in the Selected Reserve after two years of active duty.

The Board has determined that the Veteran does not have a current eye disorder or residuals of a gunshot wound to the face that is related to service. The claims are denied.

The Board denied the appellant's request to reopen his claim of whether new and material evidence has been received to allow him to receive VA benefits due to a change in his character of discharge. The March 1976 decision found that his discharge was under conditions other than honorable, which barred him from receiving VA benefits.

The Board denied service connection for a bladder disorder, finding that the Veteran's current diagnosis of hematuria with atypical urothelial cells does not meet the criteria for a malignant tumor and did not manifest to a compensable degree within one year of service separation. The Veteran's symptoms were not continuous since service separation.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his service-connected spondylolisthesis, L4 and spondylosis. The TDIU claim will also be addressed.

The Veteran withdrew his appeal, resulting in the dismissal of the case.

The Board has determined that additional development is required prior to the adjudication of the Veteran's claim for service connection for a bilateral foot disorder. The case is remanded for further actions including obtaining medical records, scheduling an examination, and reviewing the new VA examination report.

The Board granted an effective date of December 1, 2002 for the award of additional compensation paid for the Veteran's dependent son. The Veteran was not provided proper notice at the time of her increased evaluation in December 2001, and thus the earlier effective date is allowed.

The Veteran's claim for an earlier effective date for the grant of service connection for atherosclerotic cardiovascular disease was denied as there is no evidence of intent to file a claim prior to June 28, 2010. The effective date assigned is June 28, 2010.