Other conditions decisions — 2005

The veteran's overpayment of additional disability compensation benefits for his former spouse is being reviewed due to a confusion in the law regarding 'material fault' and its impact on waiver requests. The case will be remanded for further development including an audit, financial status report, and consideration of any letters sent by the veteran to VA.

The veteran's pterygium, bilateral, postoperative, was evaluated as noncompensable prior to March 23, 2004, and 10 percent from that date. The Board found the evidence did not meet criteria for a higher rating.

The appellant's claim for VA death benefits was denied because she and the veteran were legally divorced at the time of his death, thus not meeting the criteria to be recognized as his surviving spouse.

The Board denied the appellant's claim for educational assistance under Chapter 30, Title 38, United States Code due to a lack of basic service eligibility requirements.

The appellant withdrew his appeal, resulting in its dismissal.

The veteran's appeal is being remanded for further development, including obtaining medical records and arranging for a VA examination to determine the extent of his service-connected residuals of compression fractures at T8 and T9. The issue of whether dual disability ratings should be assigned for deformities of T8 and T9 is also pending.

The veteran's claims for service connection for bilateral hammertoes and arthritis of all joints were not granted. The claim for an increased rating for his bilateral pes planus with metatarsalgia was granted, but he is denied a TDIU.

The Board has determined that the appellant's squamous cell carcinoma, which was first shown in 1996 and is presumed to be related to his exposure to herbicide agents during service in Vietnam, involves a respiratory cancer of the larynx. As such, it meets the criteria for service connection.

The veteran's service-connected left leg compartment syndrome, sickle cell anemia, and cholecystectomy residuals are all rated at the maximum schedular ratings. The appeals for increased ratings have been denied.

The VA denied the veteran's claim for service connection as his avascular necrosis with total bilateral hip arthroplasty is not proximately due to any service-connected disability.

The veteran's service-connected hysterical psychoneurosis was granted a 30 percent evaluation from May 6, 1996 to May 2, 1999.

The veteran's claim for an increased rating for his service-connected laceration of the chin was denied because he failed to report for a scheduled VA examination without good cause.

The veteran's claim for a higher rating for his right foot disability is being remanded due to the need for further development, including scheduling a hearing before the Board of Veterans' Appeals.

The case is being remanded for scheduling a hearing at the RO, and further development of the claims.

The Board has determined that the veteran does not have Scheuermann's disease and therefore denied his claim for service connection.

The VA denied the veteran's claim for an increased rating for his service-connected right distal fibula fracture, as the evidence does not show symptoms that more nearly approximate the criteria for a higher evaluation.

The Board has determined that the veteran's service-connected left inguinal hernia does not warrant a compensable initial rating, as there is no evidence of recurrent or symptomatic postoperative hernia.

The Board found that the veteran's residuals of a shell fragment wound of the right lower leg do not warrant an evaluation in excess of 20 percent, as they more closely approximate moderately severe disability.

The Board has determined that the veteran's current pancreatitis is not related to his service or any incident therein, and thus denied his claim for service connection.

The Board has determined that the veteran's pre-existing amputation of the left hand did not undergo aggravation during service, and arthritis was not incurred in or aggravated by service. Therefore, the claim for service connection is denied.