Other conditions decisions — 2004

The Board has dismissed the appeal as the appellant withdrew their appeal prior to a decision being made.

The Board denied the veteran's claim for service connection of a left eye condition as secondary to his service-connected defective vision in the right eye, finding no evidence linking the current left eye condition to the service-connected right eye disability.

The veteran's claim for a compensable rating for his service-connected gastrointestinal disorder is being remanded due to the need for additional development, including a VA examination and VCAA compliance.

The Board has remanded the case due to incomplete development of evidence, including obtaining medical records from VA facilities and private providers. The veteran's claim for service connection for a sleep disorder will be reconsidered after these additional steps are completed.

The Board denied service connection for the cause of the veteran's death due to asbestos exposure and denied DIC under 38 U.S.C.A. § 1318.

The Board denied the appellant's claims for service connection for cause of death and DIC benefits, finding no new and material evidence to reopen the previously denied claim.

The veteran's right brain stroke was not due to or causally related to the January 1998 internal carotid artery bypass performed by VA, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran's cause of death, septicemia shock due to pyelonephritis and congenital heart failure, was not caused by or related to his military service.

The Board has determined that the veteran's leukemia, which was first diagnosed many years after service, did not result from any injury or disease during his military service. The appeal is denied.

The Board found that the veteran's skin disability is not related to service and denied his claim for service connection.

The Board determined that the appellant did not have verified military service to qualify for VA benefits, and thus denied his claim.

The veteran's daughter seeks basic eligibility for Dependents' Educational Assistance (DEA) under Chapter 35 of the Veterans Pension program. The claim is denied as the veteran was not service-connected for any disability and did not die due to a service-connected condition.

The veteran's claim for an increased rating for postoperative residuals of a duodenal ulcer is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has granted a 30 percent rating for the service-connected left thigh shell fragment wound residuals, finding that the current findings more nearly approximate a moderately severe degree of disability.

The veteran is seeking service connection for bilateral eye disorders, which he maintains are attributable to ocular injury stemming from chemical exposure in service. The case is being remanded due to the need for further development and review of clinical data.

The Board denied the veteran's request for waiver of recovery of overpayment in the amount of $1,047.40 due to fault on both sides and lack of undue hardship.

The veteran's service-connected bilateral foot disabilities are granted with a 30% evaluation each, effective as of the date of this decision.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Manatee Memorial Hospital on June 1, 2001, as the condition did not meet the criteria for an emergency medical situation.

The Board found that the appellant knowingly omitted a form of income on her EVR forms, under penalties for making false statements, to receive VA benefits she knew was not entitled. This willful misrepresentation and act of bad faith led to an overpayment of $17,030 in improved death pension benefits from February 1, 1989 to October 1992. The Board denied her waiver request.

The Board found that the veteran's vitreous floater of the left eye was incurred in service and granted service connection. A compensable evaluation for his service-connected disabilities under 38 C.F.R. § 3.324 is also granted.