Other conditions decisions — 2005

The Board finds that the veteran's death was not caused by VA medical treatment, and thus does not meet the criteria for dependency and indemnity compensation under 38 U.S.C.A. § 1151.

The Board has denied the veteran's claim for an increased rating for residuals of a fracture of the left great toe as there is no evidence showing that his disability is 'moderately severe' and he failed to report for a scheduled examination without good cause.

The appellant is not entitled to VA DIC or death pension benefits as she remarried after her husband's death, which bars her from being considered a surviving spouse.

The Board found no competent evidence of a current muscle disability in either the right arm and shoulder or the right leg, which were not present during service. The veteran's assertions regarding causation are not considered competent medical evidence.

The Board has determined that the veteran's current right foot disability is not related to his service-connected right heel fracture, and thus denied his claim for service connection.

The Board found that the veteran's current ocular histoplasmosis with subsequent loss of vision, right eye, is likely related to his military service in Vietnam. The medical evidence was in equipoise as to whether this condition was caused by exposure to histoplasmosis during his time in service.

The Board denied the veteran's request for waiver of overpayment of pension benefits, finding that recovery would not be against equity and good conscience due to the veteran's fault in creating the debt and unjust enrichment.

The veteran's service connection claim for dental trauma to teeth 8, 9, and 10 is granted. The veteran's thoracic spine disorder evaluation remains unchanged.

The Board has remanded the case to the RO for further examination and opinion regarding whether the veteran's right elbow injury is related to his service.

The Board has granted a 20 percent rating for the service-connected residuals of left ulna styloid process fracture, effective from the date of the decision.

The Board has remanded the case for further development due to unclear understanding of applicable regulations and evidence, as well as potential impact of service-connected disabilities on care for unrelated conditions.

The Board has determined that the veteran's sleep disability does not warrant a rating greater than 10 percent, as it results in mild social and industrial impairment without severe symptoms such as anxiety, panic attacks, or significant memory loss.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for traumatic amputation of the left index fingertip.

The Board has granted service connection for a superior hemispheric retinal vein occlusion in the right eye, finding that it is proximately due to the veteran's service-connected hypertension.

The veteran's appeal is being remanded to the RO for further review of his claim, including consideration of new regulations and additional evidence. The case will be returned to the Board after this review.

The veteran's claim for an increased rating for his service-connected hemigastrectomy and vagotomy with dumping syndrome and pancreatitis is being remanded due to the need for a new VA examination.

The Board determined that the appellant did not meet basic eligibility requirements for VA benefits and denied his claim, finding no new and material evidence to reopen the previously denied claim.

The Board denied the veteran's claims for service connection for yellow jaundice, residuals of pneumonia, and a dental disability due to lack of current diagnoses or evidence linking these conditions to his military service.

The Board granted a 10 percent evaluation for chondromalacia of the left patella, effective from June 29, 2001.

The appellant's application for eligibility for enrollment in and access to VA medical care benefits was denied due to his not being in an enrolled status on January 17, 2003.