Other conditions Board decisions

The Veteran's dysthymic disorder was initially rated at 10 percent prior to June 24, 2009 and remains at that rating. The Board finds the current rating adequately reflects his symptoms.

The Veteran's appeal is being remanded for further development of his claims, including obtaining updated medical records and arranging for a VA examination to assess the severity of his stomach ulcers and determine if he has a current skin disability associated with service.

The Board has remanded the case for additional medical opinion and to obtain complete treatment records from Coastal Urology Associates. The Veteran seeks service connection for a prostate disorder, including chronic prostatitis status post transurethral resection of the prostate (TURP) and a disorder causing human seminal plasma hypersensitivity in his spouse.

The Veteran's income exceeded the maximum allowable pension rate prior to December 1, 2006. Pension benefits were denied for that period.

The Veteran's request for a waiver of overpayment is being remanded due to potential administrative error in notification of his incarceration.

The Veteran's overpayment of $4,526.00 was properly created due to the retroactive reduction in his compensation benefits for the period from July 2001 to March 2007, as he was no longer entitled to receive additional compensation based on a dependent spouse (D) after being divorced in June 2001.

The Board has determined that additional development is necessary to determine the appellant's eligibility as the Veteran's surviving spouse and to ascertain if the Veteran's death certificate was corrected. The case will be remanded for these actions.

The appellant's claim for benefits under 38 U.S.C.A. § 1805 for spina bifida is denied as there is no evidence of the condition.

The Veteran's eligibility for educational assistance under Chapters 34 and 30 has been denied due to the expiration of his benefits and failure to meet eligibility criteria.

The Veteran's appeal for education benefits under the Dependents' Educational Assistance Program (DEA) based on his daughter attending Community Christian School from September 2007 to May 2009 was denied because the school has not been approved by the State approving agency.

The Board found that the Veteran's follicular lymphoma was not incurred in or aggravated by active service, to include as a result of exposure to asbestos. The claim is denied.

The Board found that the appellant's claim for accrued benefits was timely filed and included sufficient evidence to support her entitlement. As a result, she is entitled to $1,253 in accrued benefits.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's cancer of the larynx is not due to in-service radiation exposure or any other incident of his military service.

The case is being remanded for further review due to the need to verify whether the appellant's late husband was a member of the Philippine Commonwealth Army, including recognized guerrillas. The appellant's claim will be reconsidered based on this verification.

The Board has determined that the Veteran's current respiratory disorders do not have an etiological relationship with his service-connected spontaneous pneumothorax residuals or are otherwise aggravated by them. As a result, he is not entitled to a compensable evaluation for these residuals.

The Court has directed that at least a 30 percent evaluation be assigned for the Veteran's right (major) Muscle Group I injury with partial winged scapula. The Board, in this decision, will implement the 30 percent disability rating awarded by the Court.

The Board has determined that there is at least a 50% likelihood that the Veteran's recurrent urinary tract infections and shrapnel wound of the right hip are related to his military service. Service connection for both conditions is granted.

The Veteran's service-connected PTSD and a healed pelvis fracture have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU.

The Veteran developed a rash affecting his hands, feet, and legs as a side effect of blood pressure medication initially prescribed by VA physicians in September 1996. The rash disappeared after the medication was discontinued. The Veteran filed a claim for VA benefits under the provisions of 38 U.S.C.A. § 1151 for the rash in November 1996, and the Board granted compensation based on this condition.