Other conditions decisions — 2004

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 as his lower extremity symptoms are not considered to be related to the February 1994 prostate surgery performed at a VA Medical Center.

The Board found that the veteran's leg length discrepancy, including shortening of the left lower extremity, was not incurred in or aggravated by active military service and denied her claim for service connection.

The Board has remanded the case for further development due to incomplete notification and consideration of new regulations.

The veteran's claim for service connection for personality disorder and alcohol dependence is being remanded due to the need for additional development, including obtaining Social Security Administration records and office notes from a psychotherapist.

The Board denied service connection for the cause of the veteran's death and denied DIC benefits under 38 U.S.C.A. § 1318 due to lack of evidence linking pancreatic cancer, a non-presumptive condition, to service.

The Board denied the veteran's claim for service connection for loss of the left eye, finding that his pre-existing defective vision did not worsen during service and that there was no evidence linking the current condition to any incident in service.

The VA determined that the appellant's bilateral sensorineural high tone deafness does not warrant a compensable disability rating.

The veteran's onychomycosis of the left foot is due to disease that was incurred in service. The claim for high glucose levels is denied as there is no evidence of a disability associated with it.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations. The issues of service connection for a respiratory disability and the rating for gouty arthritis with degenerative joint disease of the feet will be re-adjudicated after the additional development.

The Board has determined that a disability evaluation in excess of 20 percent is warranted for the veteran's service-connected left foot disability due to traumatic amputation, given the severity of his symptoms and recent surgery. The current rating of 30 percent under Diagnostic Code 5284 is granted.

The Board found that the veteran's gastropathy, which is a result of pain medication prescribed for service-connected right knee and low back disabilities, was proximately due to or the result of his service-connected conditions. As such, service connection for gastropathy secondary to service-connected disability was granted.

The Board has determined that the overpayment of compensation benefits was improperly created due to sole VA error, and thus waived recovery of $5,592 is granted.

The Board denied the claim of service connection for the cause of the veteran's death, finding no evidence to support a link between his period of service and his cerebral vascular accident.

The Board granted service connection for rectal warts productive of pruritis ani and assigned an initial noncompensable rating, which was later changed to a compensable rating of 10 percent.

The Board has denied the veteran's claim for education benefits payments under Chapter 30 for fees required for Registration as an Attorney Applicant, Application for Determination of Moral Character, Admission Certificates, and Supreme Court Enrollment. The Board found that these fees do not fall within the definition of a program of education for which Chapter 30 benefit payments may be made.

The veteran's claim for an initial (compensable) disability rating for his service-connected left leg condition is being remanded due to the need for additional VA medical examination and development of evidence.

The RO denied service connection for the cause of the veteran's death due to a lack of authorization from the executor/administrator of the decedent's estate. The case is being remanded for further action.

The Board found no clear and unmistakable error in the January 1995 rating decision that denied service connection for periodontal disease, as the evidence then of record supported this determination.

The Board granted service connection for diverticulitis and assigned a 20% rating effective February 12, 2001. The veteran's symptoms were rated as moderate with mild to moderate functional impairment.

The Board denied the appellant's claims for nonservice-connected death pension and accrued benefits due to her husband not meeting the basic service eligibility requirements, as his military service was under Public Law 190, which does not extend eligibility for VA benefits. The claim for accrued benefits was also denied because it was filed outside of one year from the date of the veteran's death.