Other conditions decisions — 2008

The creation of a debt due to overpayment of Chapter 31 subsistence allowance in the amount of $2,504.59 is valid and the appeal is denied.

The Board denied the veteran's claim for service connection for a disability manifested by chest pain, as there was no competent medical evidence to link it to service or exposure to CS gas.

The Board concluded that the preponderance of the evidence is against a claim for service connection for the cause of the veteran's death, as there was no evidence suggesting a causal relationship between the veteran's hypertension or any other service-connected disabilities and his fatal TTP.

The veteran's claims for compensation under 38 U.S.C.A. § 1151 for residuals of an exploratory laparotomy and for an operation performed by VA with dentures left in the mouth were denied as there was no evidence that the additional surgical procedures were due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the VA's part, nor was it shown that such procedures were not reasonably foreseeable.

The Board granted a 20 percent evaluation for residuals of a left lower tibia injury, finding that the veteran's condition resulted in moderate ankle disability.

The veteran's dyspepsia was rated at 30 percent effective April 28, 2006, and the criteria for a TDIU have been met.

The veteran withdrew the appeal for an initial evaluation in excess of 50 percent for post-traumatic stress disorder (PTSD).

The appeal is remanded for a new VA medical examination by a pulmonary specialist to determine the etiology of the veteran's pulmonary fibrosis.

The appellant's claim for entitlement to payment of VA benefits at the full-dollar rate was denied due to her not meeting the statutory requirements.

The veteran did not submit a timely Substantive Appeal following the issuance of the November 2005 Statement of Case.

The veteran's initial evaluation for a ventral hernia was denied as the evidence did not demonstrate that his hernia required a higher rating than 20 percent.

The appeal is remanded to the RO for further development, including obtaining records of a 2006 hernia surgery.

The veteran's appeal for an earlier effective date for the grant of service connection for meralgia paresthetica was denied, as the evidence did not support a date earlier than September 9, 2004.

The veteran's military service does not meet the threshold service eligibility requirements for VA nonservice-connected disability pension benefits.