Other conditions decisions — 2004

The Board denied the claim of service connection for the cause of the veteran's death, concluding that there was no evidence linking the congestive heart failure to military service or any applicable presumptive period.

The veteran had no service-connected disabilities during his lifetime and was not rated as 100% disabled for at least 8 continuous years preceding his death. Therefore, the appellant is not entitled to a higher rate of DIC.

The veteran's appeal is being remanded due to the need for additional development, including a VA examination to assess the current severity of his left ankle condition and determine any functional loss.

The Board has determined that the veteran's service-connected interstitial pneumonia and pulmonary fibrosis contributed to his death from acute myocardial infarction or massive pulmonary embolism.

The veteran is seeking service connection for a cardiovascular disability that he believes is due to his service-connected diabetes mellitus. The case has been remanded for additional development, including obtaining medical records and scheduling the veteran for a VA cardiology examination.

The Board granted a higher (compensable) rating of 10 percent for the veteran's residuals of fracture of the left tibia and fibula, effective May 6, 2004.

The Board found that the April 1949 rating decision severing service connection for paroxysmal tachycardia was not clearly and unmistakably erroneous, as there was no evidence of preexisting condition or inservice aggravation.

The veteran's claim for service connection for an enlarged heart, claimed as secondary to his service-connected hypertension, is being remanded due to conflicting medical opinions and the need for additional evidence.

The Board has dismissed the veteran's appeal because he died during the pendency of his appeal, and thus the Board does not have jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claims for service connection for arthritis of the hands, basal cell carcinoma of the neck (claimed as squamous cell carcinoma), a compensable evaluation for bilateral hearing loss, and a rating in excess of 10 percent for tinnitus. The appeals were not granted.

The Board has denied service connection for a stress fracture of the right heel but granted service connection for a personality disorder. The acquired psychiatric disorder issue is pending and will be remanded to the VA AMC.

The Board denied an increased rating for traumatic arthritis and ankylosis of the left fifth finger due to a gunshot wound, finding that the current 10 percent disability evaluation adequately reflects the veteran's symptoms.

The Board denied the appellant's request for an extension of his basic 10-year period of eligibility for receiving educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) because he did not have a physical or mental disability that prevented him from initiating or completing his chosen program of education.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits in the amount of $3,702 due to her failure to file a timely request.

The Board found that the veteran's left hip degenerative joint disease is not related to his service-connected right knee injury residuals, and thus denied the claim.

The Board denied the appellant's request for waiver of recovery of overpayment of $672.00 due to her failure to report income and her inability to repay it, finding that collection would not be against equity and good conscience.

The Board has remanded the case for additional development due to failure to provide proper VCAA notice.

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

The Board denied the veteran's petition to reopen his claim for service connection for defective vision of the left eye, finding that no new and material evidence had been received.

The Board found that the veteran did not exhibit bad faith in his dealings with VA, and thus waived recovery of the overpayment. The issue remains denied as there is no indication of fraud, misrepresentation or bad faith.