Other conditions decisions — 2004

The Board has granted an initial 10 percent evaluation for the veteran's hammertoe deformity of the left foot involving the second, third, fourth and fifth toes. The veteran is also entitled to special monthly compensation based on loss of use of his left foot.

The Board found that the March 7, 1956 decision denying service connection for the cause of the veteran's death was not CUE and denied reopening the previously denied claim.

The Board has remanded the case due to incomplete development, including contacting Dr. Frank G. Rienzo for a detailed explanation of his opinion regarding service connection for cause of death.

The Board has ordered further development due to the need for additional evidence. The case is now being sent back to the RO for a cardiovascular/neurological examination and other necessary actions.

The Board has determined that the veteran's vasovagal syncope currently manifests as minor seizures occurring twice a month, approximately every other month. The criteria for evaluation of 20 percent have been met.

The Board has denied the claim for service connection for the cause of the veteran's death, finding that there is no evidence linking the cerebrovascular accident to his service-connected conditions or any other incident occurring during his active duty service.

The Board has granted the veteran's request for waiver of an overpayment of VA pension benefits, reducing it from $17,368.00 to $2,000.00, and finding that recovery would be against considerations of equity and good conscience.

The Board has remanded the case to the RO for further development due to a lack of information regarding the veteran's appeal of his line-of-duty determination and other relevant records.

The Board denied the appellant's claim for additional DIC benefits, finding that the veteran was not entitled to a 100% disability rating for eight years prior to his death due to service-connected interstitial fibrotic lung disease.

The Board granted the appellant's request for an apportionment of her husband's nonservice-connected VA pension, effective April 1, 2001. The appeal regarding a prior effective date is denied.

The Board found that the veteran did not engage in bad faith for portions of the overpayment created from November 1998 to April 1999 and from October 1999 to March 2000, resulting in a waiver of recovery. However, the remaining portion of the debt incurred from April 1999 to October 1999 was found to be due to bad faith on the part of the veteran, leading to denial of the waiver request.

The veteran's claim for an increased rating for his service-connected back injury is being remanded due to the need for additional medical examination and development.

The Board has determined that the evidence submitted since the February 1962 decision is new but not material, and therefore, it is insufficient to reopen the claim of entitlement to service connection for meningitis.

The Board has granted service connection for atrial fibrillation and basal cell carcinoma, finding that both conditions began during active duty.

The veteran withdrew his appeals, and the appeal is dismissed as no justiciable case or controversy remains.

The Board has determined that the veteran's neck pain is related to a motor vehicle accident during service, and thus grants service connection for this condition.

The Board found that the veteran's foot condition, claimed as jungle rot, was not incurred in or aggravated by service and denied his claim.

The Board denied the veteran's claim for service connection for residuals of a back injury, finding that the pre-existing condition was not aggravated by military service.

The Board has determined that the veteran is not entitled to service connection for a stomach disorder and has not submitted new and material evidence to reopen his claim of entitlement to service connection for a nervous disorder.

The Board finds that the record is unacceptably incomplete and requires further procedural and evidentiary actions to determine the proper monthly rate of education benefits for courses taken since May 30, 2001.