Other conditions decisions — 2005

The Board has granted the appellant's waiver of recovery of an overpayment of Chapter 30 education benefits in the amount of $2,932.14 due to the error in processing his benefits at a veteran's rate rather than an active duty rate.

The VA has not reviewed the appellant's treatment records from the Fayetteville VAMC and a visual field examination is needed to determine if there is any loss of peripheral vision related to their right eye injury.

The veteran's claim for an increased rating for his service-connected gunshot wounds of the feet with pes cavus and bunions is being remanded due to procedural issues, including failure to report for scheduled VA examinations.

The Board has granted service connection for dysthymic disorder of organic etiology and assigned a 30 percent rating, effective October 3, 1992.

The Board has remanded the case for further development, including obtaining additional medical evidence and scheduling a VA examination.

The VA denied the veteran's claim for an initial compensable rating for his service-connected head/neck tremors.

The veteran's death was caused by a service-connected sarcoma, allowing for service connection and basic eligibility for educational benefits under Chapter 35.

The veteran's accrued benefits check was returned to VA due to the death of the recipient. The appellant T.M.H., who is an adult child, is legally entitled to $9,248.62 from the unclaimed compensation check.

The veteran's death was not caused by a service-connected disability, and the appellant did not meet the criteria for dependency and indemnity compensation under 38 U.S.C.A. Section 1318.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for a bilateral foot disorder was denied because the preponderance of evidence does not support that chronic additional disability resulted from VA medical treatment in 1976.

The Board has remanded the case for further development due to incomplete examination findings.

The VA has determined that the veteran's service-connected pseudoaphakia of the left eye does not warrant a higher rating as it currently results in visual acuity better than 20/70, which is not compensable under applicable diagnostic codes. The right eye disability remains at a noncompensable evaluation.

The veteran's service-connected fracture of the right radius (dominant) is manifested by favorable ankylosis of the right major wrist, which is fixed at an angle of 25 degrees dorsiflexion with no ulnar or radial deviation. The rating assigned is 40 percent for this condition.

The Board found no evidence of a service-connected condition causing the veteran's current symptoms and denied her claims for service connection.

The Board has remanded the case for further development regarding the veteran's exposure to radiation and service connection for cause of death. The issue of educational assistance is also deferred.

The Board has determined that the veteran's chronic diarrhea warrants a compensable evaluation of 10 percent.

The Board denied the veteran's claim for compensation under 38 U.S.C. § 1151 as his vision loss was not due to VA treatment with medications, and there is no evidence of negligence or fault on VA's part.

The Board denied service connection for the cause of the veteran's death, concluding that there was no evidence showing a relationship between his service-connected psychiatric disability and his fatal heart disease.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the veteran's claimed 'lumps' on both lower extremities. The case is being REMANDED for this purpose.

The Board denied the veteran's claim for an increased disability rating for his service-connected chorioretinitis of the left eye, finding that the evidence did not support a higher rating based on active symptoms or pathology specific to the service-connected disorder.