Other conditions decisions — 2004

The veteran is seeking service connection for a cardiovascular disorder, specifically cardiomyopathy. The RO denied this claim in December 2002 and the Board has now remanded it due to issues with notification under the VCAA.

The Board denied the appellant's claim for enrollment in and access to the VA healthcare system due to lack of eligibility based on his service-connected disabilities, exposure history, or other qualifying factors.

The Board has remanded the case for further development and consideration of the veteran's claims for an increased evaluation for syncope and TDIU.

The Board denied higher evaluations for the veteran's service-connected varicose veins, finding that the disability did not meet criteria warranting a rating higher than 30 percent from December 2, 1995 to July 29, 1999; and from July 29, 1999 to March 23, 2003. The veteran's varicose veins were evaluated as moderate in severity.

The Board denied the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318, finding that she was not entitled to these benefits as her deceased husband had never been found to be totally disabled from service-connected disabilities.

The Board has granted service connection for shell fragment wounds of the right hand, chin, and right leg. The veteran's intervertebral disc syndrome is rated at 40 percent.

The Board has remanded the case for additional development of the record, including compliance with VCAA requirements.

The Board denied an increased rating for residuals of a laceration to the right hand, finding that the current symptoms are due to non-service-connected Parkinson's disease and not related to the service-connected scar.

The Board has ordered the RO to recalculate the overpayment amount and prepare a written summary of the calculation. The veteran's waiver request will then be reconsidered by the Committee on Waivers and Compromises.

The Board has determined that the veteran incurred dental trauma during service, which resulted in the extraction of his upper front two teeth. The skin disorder is not currently established as a current condition related to service.

The Board determined that the appellant is not entitled to recognition as the surviving spouse of the veteran for VA death benefits purposes due to her divorce from the veteran prior to his death.

The Board has determined that the veteran's service-connected neck wound with retained foreign body warrants a 10 percent disability rating, effective from the date of claim. The compensable evaluation for the scar associated with the neck wound is also granted.

The VA determined that the veteran does not have currently diagnosed residuals of paralysis from diphtheria in service.

The Board denied service connection for residuals of a left foot injury, finding the claim was not well grounded and subsequently considered on the merits.

The VA has denied the veteran's claims for increased evaluations for his right eye retinal detachment and left knee arthritis, status post meniscectomy. The maximum schedular evaluation of 30 percent is assigned for each condition.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death from esophageal carcinoma.

The Board found that the veteran's widow did not timely appeal the denial of service connection for the cause of the veteran's death and denied eligibility for Chapter 35 educational assistance benefits. The cause of death was cardiorespiratory arrest due to septic shock, secondary to severe neutropenia from chemotherapy.

The veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected genitourinary disabilities, including whether he requires absorbent materials and their frequency of use.

The veteran's request for waiver of an overpayment of $22,076.20 was denied because he intentionally failed to report his wife's income, resulting in the creation of the overpayment.

The Board has granted a 40 percent evaluation for the service-connected chronic cystitis, which requires wearing absorbent materials more than 4 times per day or awakening to urinate 5 or more times per night.