Other conditions decisions — 2004

The Board denied service connection for bilateral myopic astigmatism and presbyopia, finding that the veteran's visual acuity decreased during his military service but not showing any increase in severity. The claim was dismissed as there is no entitlement to service connection under VA law.

The Board has remanded the case due to incomplete records and a need for further examination.

The Board found that the veteran's cause of death, metastatic pancreatic cancer, was not caused by or substantially contributed to by a service-connected disability. The preponderance of evidence did not support a finding that diabetes mellitus (a service-connected condition) caused or contributed to the veteran's death.

The Board found that no new and material evidence had been received since the August 1993 RO decision, thus denying the appellant's request to reopen her claim for revocation of forfeiture of VA death benefits.

The Board found that the appellant is not entitled to recognition as the veteran's widow for purposes of VA benefits due to a separation from the veteran in the early 1950s, which was not due to the misconduct or procurement by the veteran without fault of the surviving spouse.

The Board finds that the veteran's cardiovascular, respiratory, and digestive disorders are not proximately due to carelessness, negligence, lack of proper skill, error in judgment, or other fault on the part of VA. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the veteran's current left eye disorder is causally related to an injury sustained during his active military service, and thus grants service connection for this condition.

The veteran's appeal was dismissed due to his death, and the Board had no jurisdiction to adjudicate the merits of this claim.

The veteran's appeal is being remanded for additional development of the record, including obtaining medical records and addressing potential application of 38 C.F.R. § 3.321(b)(1).

The veteran's claim for DIC benefits under 38 U.S.C.A. § 1318 is denied because the disability was not continuously rated totally disabling for at least ten years immediately preceding death.

The Board found that the creation of an overpayment of VA compensation benefits in the amount of $2,802.00 was proper and denied the veteran's request for a waiver.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA death pension benefits, finding that her actions constituted bad faith and thus waived recovery is precluded.

The Board denied the veteran's claims for increased ratings for his service-connected skin conditions, finding that there was no evidence of any symptoms or impairment warranting a compensable rating under the applicable VA rating criteria.

The veteran's initial compensable evaluation for Hodgkin's disease has been denied as the condition is in remission and does not meet the criteria for a higher rating under either the old or new VA rating criteria.

The Board has granted an increased rating of 10 percent for the veteran's service-connected bilateral shin splints, finding that the condition produces functional impairment similar to arthritis with no limitation of motion but with X-ray evidence of involvement of two or more major joints.

The veteran's current restrictive lung disease was not caused by any incident of service, including asbestos exposure. The Board found that the condition began many years after service and was not due to reported asbestos exposure in service.

The Board denied the appellant's claim for non-service-connected burial benefits, finding that she was not entitled to these benefits due to various eligibility requirements and because the veteran did not receive pension or compensation at the time of his death.

The VA Debt Management Center denied the appellant's request for a waiver of recovery of a loan guaranty indebtedness in the amount of $11,633.73, plus accrued interest because it was not filed within one year as required by regulation.

The veteran's death was due to non-Hodgkin's lymphoma, which the appellant claims is related to military service. However, as the veteran did not establish service connection for any disabilities during his lifetime and died without meeting the criteria for DIC benefits under 38 U.S.C.A. § 1318, the claim is denied.

The Board has determined that further development of the record is needed to evaluate the severity of the service-connected status post abdominal hernia repair with residuals of multiple recurrences of supraumbilical hernias, including obtaining recent treatment records and arranging for a VA examination.