Other conditions Board decisions

The Veteran's recurrent perianal abscesses are rated at a 10 percent disability rating, effective April 1979.

The Veteran seeks an earlier effective date for the award of service connection for intervertebral disc syndrome, which was initially granted in November 2006 with an effective date of August 12, 2005. The Veteran believes that his original claim should have been granted from the day following discharge from military service due to inadequate VA examinations and lack of review of his claims file.

The Board denied the claim for DEA benefits retroactive or commencing from August 2001 and ending in December 2004, finding that there is no apparent basis to pay such benefits due to a lack of legal merit.

The Board found that the appellant's husband did not have qualifying active service for VA death benefits and denied her claim.

The Veteran's failure to notify VA of her receipt of military pay led to the creation of an overpayment. The Board found that repayment would not be against equity and good conscience, as the Veteran's income exceeded her expenses by more than $1500 per month.

The Board has determined that the Veteran's low back disability is not related to his active duty service and therefore denied his claim for service connection.

The Veteran's claim for a waiver of overpayment of VA nonservice-connected pension benefits was denied as there was no fault on the part of the VA, but the Veteran had significant fault in not reporting his incarceration and being a fugitive felon. The Board found that recovery would not cause financial hardship.

The Board has remanded the case due to inadequate development of records from VA medical centers, and further efforts are required to obtain relevant treatment records.

The Veteran's prostate disability was rated at 60 percent from January 15, 1997 to April 24, 2008. From April 25, 2008 onwards, the rating increased to 100 percent due to recurrence and radiation therapy.

The Board has determined that the Veteran's persistent post-concussive syndrome and residuals of a throat injury are not service-connected as they were not incurred or aggravated during his military service.

The Veteran's low back disability is not service-connected as it was not incurred or aggravated during his military service and there is no evidence of arthritis within one year post-service.

The Veteran's death was caused by ischemic bowel disease, which the Board found to be related to his service-connected ischemic heart disease. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed due to the grant of service connection for PTSD. The evaluation of PTSD for accrued benefits remains pending and will need to be remanded.

The Board has determined that the Veteran's currently diagnosed urinary bladder disorder is related to his period of active service and/or a service-connected disability, specifically prostatitis. As such, the claim for service connection for this condition is granted.

The Board has granted service connection for the claimed conditions, but with a condition that they are secondary to herbicide exposure. The effective date remains pending as no formal claim was received prior to March 29, 2004.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for strokes and left eye vision loss, including as secondary to medications taken for his service-connected erectile dysfunction and depression. The case is being remanded to obtain clarification of VA examinations and to provide the Veteran with updated treatment records.

The Veteran's left eye disability, diagnosed as a chorioretinal scar related to a previous injury during military service, was granted service connection. The right eye disability is addressed in the REMAND portion of this decision.

The Veteran is seeking service connection for osteopenia, which he claims is secondary to his service-connected seizure disorder. The VA has not provided sufficient medical evidence to determine if the osteopenia is related to the seizure disorder.

The RO reduced the Veteran's disability rating for residuals of squamous cell carcinoma of the larynx from 100 percent to 30 percent effective March 1, 2008. The current medical evidence does not support a higher rating.

The Board denied the Veteran's attempt to reopen his previously denied claim for service connection for arthritis of both thumbs, finding that no new and material evidence had been received.

The Veteran's appeal is remanded due to incomplete information regarding his ROTC commitment and active duty service. The AOJ must verify all periods of active duty service, including their authority and nature, and provide the Veteran with a notice letter as required by law.