Other conditions decisions — 2005

The VA has granted the veteran's increased rating claim for fibrosed cortical defect (dysplasia) of the right upper tibia, currently rated at 20 percent. The disability is characterized as moderate knee disability.

The veteran's left knee disability, characterized by chondromalacia and degenerative joint disease, is currently rated at 20 percent. The Board has determined that the evidence supports a higher rating of 30 percent based on functional loss due to pain.

The Board has granted the appellant's request to waive recovery of an overpayment of VA improved death pension benefits in the amount of $10,341. The decision is based on the factors of equity and good conscience.

The VA denied the appellant's request for retroactive payment of Dependents' Educational Assistance due to her application being received over one year after her enrollment period ended.

The veteran has been granted compensation for ilio-inguinal neuritis resulting from VA left groin surgery performed on September 13, 1997. The disability is considered to be the result of a foreseeable event.

The Board has determined that the veteran's loss of sphincter control is related to his in-service hemorrhoid surgery and therefore grants service connection for this condition.

The Board has determined that the veteran's post-operative scars on the left leg do not meet the criteria for a compensable disability rating under either the old or new VA rating criteria.

The Board denied the veteran's request to reopen his claim of entitlement to service connection for a groin disability due to lack of new and material evidence.

The veteran did not file a claim for service-connected disability and no claim for service-connected death benefits was ever filed. The appellant does not meet the basic criteria under the law for eligibility for educational assistance benefits.

The Board found that the veteran does not have cold injury residuals of the feet related to his military service and that the criteria for an initial compensable rating for benign lentigines are not met. The appeal is denied.

The Board has denied the veteran's claims for service connection for a right foot disorder, arthritis of the spine, and arthritis of the hips. The appeals are now remanded to provide additional development.

The Board denied the appellant's claims for service connection for the cause of her husband's death and DIC under 38 U.S.C.A. § 1318, finding that there was no evidence to support a causal link between his service-connected conditions and his death.

The Board has denied the veteran's claim for service connection for residuals of dental trauma, finding that there is no evidence of a dental condition resulting from a combat wound or other service trauma.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces and therefore is not eligible for VA benefits.

The VA denied the appellant's application for VA death benefits because her husband did not have valid military service in the Armed Forces of the United States.

The Board denied the veteran's claims for service connection for burn residuals to the back and neck, as well as concussion residuals. The evidence did not establish that these conditions were incurred during service or are related to his active military service.

The Board has determined that the veteran's service-connected residuals of fractures of the ring and little fingers of the left hand do not warrant a rating in excess of 10 percent, as there is no evidence of ankylosis or other functional impairment. The disorders of the right hand, wrist, and elbow are not considered to be related to the service-connected left hand disability.

The appellant is not eligible for education benefits under the Dependents' Educational Assistance Program (Chapter 35) due to her age at the time of application and lack of service-connected disability.

The Board denied the veteran's claim for a waiver of overpayment of pension benefits, finding that it was not timely filed and that recovery would not be against the standards of equity and good conscience.

The Board has determined that the veteran's defective vision, with light perception only in one eye and 20/40 vision in the other, warrants a 30 percent disability rating under Diagnostic Code 6070. A higher rating is not warranted.