Other conditions Board decisions

The Veteran's appeal is remanded due to incomplete service personnel and treatment records, which are needed to determine if he was discharged due to a service-connected disability. The case will be returned to the Board for further action.

The Board is unable to determine whether the appellant is a proper claimant for the benefit sought and if so, whether the claim was timely received. The case is REMANDED for further review.

The Board has determined that the Veteran's claim for service connection for status post pneumothorax is dismissed due to his failure to provide necessary releases for pertinent evidence.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran for VA benefit purposes, and thus the appeal is dismissed.

The Veteran's request for waiver of recovery of an overpayment of VA compensation benefits in the amount of $5,847.77 was denied by the Committee on Waivers and Compromises. The case is being remanded to issue a statement of the case addressing this matter.

The Veteran's claim for higher ratings for thoracic plexus intercostals neuritis with disc bulge and chronic sinusitis was denied. The initial rating of 10 percent prior to May 1, 2004 is upheld.

The Board has determined that the Veteran's constrictive bronchiolitis does not meet or approximate the criteria for a higher initial rating in excess of 10 percent on a schedular basis. The evidence shows FEV-1 and DLCO (SB) results within normal limits, which do not warrant a higher rating under Diagnostic Code 6699-6600.

The Veteran's claim for an evaluation in excess of 20 percent for residuals of a gunshot wound of the thoracic spine was denied as his symptoms did not meet the criteria for a higher rating.

The Veteran seeks to establish service connection for a cardiovascular disorder. The Board has requested additional development, including obtaining information regarding the educational and employment background of her representative who submitted an October 2009 medical opinion.

The Board denied the Veteran's claims for service connection for a skin disability, other than comedones, and microscopic hematuria, finding no evidence of such conditions in service or within one year post-service. The Veteran was not shown to have any chronic skin condition associated with herbicide exposure.

The VA medical opinion found that the Veteran's alcohol dependence is not caused by his service-connected PTSD, and thus denied the claim.

The Veteran's claim for nonservice-connected pension was granted based on a finding of permanent and total disability due to his disabilities as determined by the Social Security Administration, which found him disabled since August 1986. The effective date is set at August 31, 2005.

The Veteran's squamous cell cancer of the right base of the tongue is presumed to be related to his service exposure to Agent Orange. The Board has ordered additional development, including a VA examination and clarification from Dr. D.E.

The Veteran's claim for service connection for bilateral hip disorder was denied. The claims for higher initial evaluations for degenerative joint disease of the right and left knees were also denied.

The appellant withdrew their appeal of entitlement to DIC under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran's annual income from Social Security Administration (SSA) benefits exceeded the maximum allowable pension rate for a veteran with no dependents, leading to the denial of her pension benefits effective February 1, 2004.

The Board is unable to verify the countable income used by the RO in adjusting the Veteran's nonservice-connected pension for 2004 and 2005, and thus remands the case for further development.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for adjudicating the merits of the claim.

The Board has determined that the reduction of the left patella rating from 100% to 10% was proper based on improvement in the Veteran's condition.

The Veteran's appeal is remanded for several reasons, including the issuance of a Statement of the Case on his initial rating claim and obtaining additional medical records to determine the etiology of his erectile dysfunction.