Other conditions decisions — 2003

The Board denied the veteran's claim for service connection for loss of visual acuity, finding that her condition was a correctable refractive error (myopia) and thus not a disability warranting compensation.

The Board has granted a 40 percent evaluation for the veteran's duodenal ulcer, finding that his symptoms meet the criteria for a moderately severe disability picture with anemia and weight loss.

The veteran's claims for service connection for obesity and myositis are pending. The case is being returned to the RO for further development regarding his claim of entitlement to TDIU.

The veteran sustained a fracture of the left humerus and a scalp laceration during VA hospitalization for alcohol withdrawal. The injuries were not considered to be necessary consequences of treatment, meeting the criteria for compensation under 38 U.S.C.A. § 1151.

The appellant was denied recognition as the veteran's surviving spouse for VA benefits purposes due to a lack of evidence of a valid marriage between herself and the veteran at the time of his death.

The Board has granted the appellant's request for waiver of recovery of an overpayment of $504 in apportionment of disability compensation benefits, finding that recovery would not be against equity and good conscience due to fault mitigation and financial hardship.

The veteran's claim for an extension of his basic 10-year period of eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code was denied by the Board.

The Board found no evidence to support a link between the veteran's current bilateral eye disability and his active service, including any in-service injury. The claim is denied.

The Board found that the veteran's liver cysts were congenital in nature and not related to her service, thus denying her claim for service connection.

The Board denied an increased rating for the veteran's residuals of a shell fragment wound (SFW) of the right arm with Muscle Group V involvement, currently rated at 30 percent. The claim for a compensable rating for otitis media was also denied.

The veteran's claim for special monthly compensation based on the need for regular aid and attendance or by reason of being housebound is remanded. Additionally, his claim to reopen a service connection for a spinal disorder due to Agent Orange exposure needs further development.

The Board granted an increased disability rating of 30 percent for the appellant's service-connected right knee disability, effective from December 12, 2001 onwards.

The Board found that the cause of the veteran's death, acute myelogenous leukemia, was not related to his military service or any service-connected disability. The appellant's claim for service connection on a direct basis is denied.

The Board denied an increased evaluation for the veteran's right foot gunshot wound disability, finding that it only produced moderate impairment.

The VA denied the veteran's claim for service connection of a fungal infection of his feet, concluding that it was not incurred or aggravated during his military service.

The veteran's claim for an increased evaluation of his service-connected intervertebral disc disease was denied due to his failure to report for a VA examination without good cause.

The Board found that the veteran's skin condition did not begin during service or is not causally related to any incident of active duty, including exposure to Agent Orange. The claim for service connection was denied.

The Board has found that the veteran's current neuroma/nerve entrapment of the right leg is causally linked to in-service surgery, and service connection for this condition is granted.

The Board has granted a 10 percent evaluation for the veteran's left knee disability due to instability and has also granted a separate 10 percent rating for arthritis of the left knee with limitation of motion. The appeal is not about service connection, but rather about the appropriate evaluations based on current symptoms.

The Board found that the overpayment of $1995.00 was created solely by administrative error and not due to any fault of the veteran, thus granting the veteran's appeal.