Other conditions decisions — 2005

The Board has determined that the veteran's right fifth finger disorder did not increase in severity during service and is not related to any incident of his active military service. As a result, the claim for service connection was denied.

The Board denied the claim for DIC under 38 U.S.C.A. § 1151, finding that the veteran's death was not caused by VA treatment and did not play a causal role in his death.

The veteran's death was not service-connected, and therefore the appellant is not eligible for DIC benefits under 38 U.S.C.A. § 1318.

The Board found that the veteran's service-connected anxiety neurosis did not substantially or materially contribute to his death from atherosclerotic cardiac disease. The cause of death was attributed to the heart disorder, which had been diagnosed post-service.

The veteran's service-connected scars of the left forehead and right mandible, due to basal cell carcinoma, have been rated at 10 percent since February 1, 2002, and increased to 30 percent effective from August 30, 2002. The initial compensable rating for chest, upper back, right shoulder, and left shoulder scars has not yet been granted.

The Board denied service connection for an organic brain disorder and irregular curvature of the spine, finding that these conditions were not incurred or aggravated by active service.

The Board has determined that the cause of the veteran's death was cardiopulmonary arrest due to acute myocardial infarction, which is not service-connected. The VA care provided prior to his death did not result in any compensable harm.

The Board determined that the veteran's overpayment of pension benefits was valid and denied his request for a waiver.

The veteran had a pending claim for SDVI under 38 U.S.C.A. § 1922(a) at the time of his death in October 2002, and since he passed away, the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claim for an increased evaluation for his service-connected simple fracture of the right 2nd metatarsal, finding that the evidence did not support a compensable rating.

The Board denied the veteran's claims for service connection for avitaminosis and malnutrition, finding no current medical evidence of these conditions. The claim for an increased rating for hemorrhoids was also denied.

The veteran's claim for waiver of overpayment of education benefits is being remanded to the RO for further action, including determining the correct amount of overpayment and providing an explanation of applicable laws and regulations.

The Board denied earlier effective dates for the increased evaluation and total disability rating based on individual unemployability due to service-connected disabilities, finding that no increase in disability occurred within a year prior to March 27, 2003.

The Board found that the veteran's post traumatic stress disorder does not meet or approximate the criteria for a 50 percent rating, and thus denied an increased disability rating. The effective date of the total disability rating based on individual unemployability was also denied.

The Board denied the claim for service connection for the cause of the veteran's death due to esophageal cancer, finding that there was no positive association between exposure to herbicides and esophageal cancer.

The VA determined that the appellant is not eligible for enrollment in, and access to, VA medical care benefits due to his income exceeding the threshold set by VA.

The Board determined that the April 2002 rating decision, which granted service connection for the cause of the veteran's death, contained clear and unmistakable error due to a misreading of the Surgeon General's admission card indicating that bronchiectasis was not incurred in service. As a result, the award of service connection for the cause of the veteran's death was severed.

The Board denied the veteran's claims for an increased rating for IVDS and TDIU, finding that his disability did not warrant a higher rating or render him unemployable.

The veteran's claim for increased ratings for residuals of a left partial medial meniscectomy was denied as the evidence did not show that his disability warranted any higher rating prior to June 2, 1994, and during certain specified periods.

The Board has denied the veteran's claims for service connection for right hip and right foot disorders, finding that there is no current disability or evidence of in-service injury or disease.