Other conditions Board decisions

The Board has vacated the November 6, 2007 decision denying an increased rating for residuals of acromioclavicular separation of the left shoulder. The current disability rating remains at 20 percent.

The Board has remanded the case for a more focused opinion regarding the onset of the veteran's cognitive deficit and whether there was fault in furnishing her medical treatment.

The veteran's panic disorder has been rated at 100 percent since April 18, 2006 due to total social and occupational impairment. The appeal for service connection of migraine headaches is pending.

The Board is remanding the case to determine if new and material evidence has been presented to reopen the issue of whether the appellant's discharge from service was a bar to VA benefits.

The veteran's claim for an initial compensable evaluation for left eye diplopia is being remanded due to the need for a new VA examination and consideration of additional VA outpatient treatment records.

The Board has determined that the appellant and veteran were legally married but did not live together continuously prior to the veteran's death, finding their separation was due to fault on both sides. The claim for recognition as the surviving spouse of the veteran for VA death benefits is denied.

The veteran's nonservice-connected pension benefits were terminated on July 1, 2003 due to his receipt of Social Security Administration (SSA) benefits. The Board found that the termination was not effective earlier because it took some time for VA to process the paperwork and create an overpayment. However, the veteran is responsible for the overpayment as he did not request a later effective date.

The Board has determined that the reduction of the veteran's disability compensation benefits to an equivalent of a 10 percent evaluation, effective January 9, 2004, due to incarceration for a felony conviction was proper.

The Board has granted a 40 percent evaluation for the veteran's adenocarcinoma of the prostate, effective from March 1, 2005. The condition is presumed to be due to exposure to Agent Orange during service in Vietnam.

The Board denied the veteran's request for a waiver of recovery of overpayment amounts due to untimely filing and found that recovery would not be against equity and good conscience.

The Board has remanded the case due to incomplete VCAA notice and failure to readjudicate after providing such notice.

The veteran's claims for service connection and non-service connected pension benefits have been dismissed due to the death of the appellant.

The Board found that the veteran's death was not caused by VA medical treatment, and thus denied both his claim for disability compensation under 38 U.S.C.A. § 1151 and his DIC claim.

The appeal has been dismissed due to the death of the appellant.

The Board has determined that the appellant does not meet the legal criteria for recognition as a former prisoner of war for VA purposes due to lack of qualifying service.

The Board has ordered the case to be remanded for additional development of records, including those from Dr. Mansel and pre-surgical evaluations.

The Board has determined that there is no evidence of current pancreatitis related to the veteran's service, and thus denied his claim for service connection.

The Board found no evidence of a hip disability in service and insufficient medical evidence to establish a current disability. Therefore, the claim for service connection for bilateral hips was denied.

The veteran's child is not eligible for DEA benefits because the effective date of his permanent total service-connected disability rating occurred after the child reached her 26th birthday.

The Board has determined that the veteran does not have a current diagnosis of a jaw disability and therefore, service connection for this condition is denied.