Other conditions decisions — 2005

The Board found that the veteran's right leg fracture and neck injury are not related to his service-connected conditions, leading to a denial of both claims.

The veteran's claim for a higher rating for his shell fragment wound to the left heel, with fracture of the os calcis, was granted at 40%. The claim for a higher rating for his muscle injury to the right leg remains denied.

The Board has denied the veteran's claims for service connection for residuals of left and right testicle injuries due to a lack of evidence linking these conditions to his military service.

The case is being remanded for an appropriate hearing to be scheduled.

The Board denied the appellant's claim as her deceased spouse did not meet the criteria of a 'veteran' for VA benefits, based on service department certification.

The Board has determined that further action is needed to determine if the veteran currently suffers from uterine fibroids and whether there is a medical relationship between her service-connected condition and her current condition. The RO must obtain any outstanding records, provide due process, arrange for an examination, and readjudicate the claim.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that the submitted evidence was not new and material.

The veteran's family income for the period from February 15, 2002 to February 14, 2003 exceeded the threshold required for cost-free VA health care. The appeal is denied.

The Board has determined that the effective date for a 30% rating for the veteran's left leg disability should be June 30, 1995.

The Board denied service connection for fungus on the feet and celiac sprue, finding no current disability and insufficient evidence to establish a link between these conditions and active service.

The Board has determined that the veteran's pre-existing traumatic phthisis bulbi of the right eye, which necessitated enucleation after service, was aggravated by service and granted service connection for this condition.

The Board found that the metastatic carcinoid tumor, which contributed to the veteran's death, was not incurred in service and is not related to exposure to Agent Orange. As a result, service connection for the cause of the veteran's death cannot be established.

The Board finds that the veteran's numbness of the arms and legs, claimed as 'hand shaking', was not incurred in or aggravated by active service, nor may it be presumed to have been so incurred due to exposure to Agent Orange. The claim is therefore denied.

The Board has remanded the case for additional development, including a VA examination and medical opinion to determine if the veteran's lung disorder is related to toxic gas exposure in service.

The veteran's pension benefits were terminated due to his return to work, resulting in an overpayment of $5,616. After adjustments for disability payments and income from work, the remaining debt is valid at $4,693.

The Board has reopened the veteran's claim for service connection of a chronic acquired right eye disorder due to new evidence submitted since the last denial. However, the claim remains denied as there is no link between the current condition and service.

The Board has granted an initial rating of 30 percent for the veteran's bilateral keratitis with traumatic cataract and glaucoma, effective from the date of the grant of service connection.

The Board has granted service connection for hallux rigidus of the right great toe and established an effective date of April 15, 1987. The January 1990 rating decision was found to be clearly and unmistakably erroneous in not including the veteran's right great toe disorders as part of his service-connected Reiter's syndrome.

The Board has determined that the overpayment of death pension benefits was not created through fraud, misrepresentation or bad faith on the part of the appellant. The appeal is remanded to address whether collection would violate principles of equity and good conscience.

The veteran's claim for an increased rating for his service-connected right shoulder disability was remanded by the Board of Veterans' Appeals due to incomplete development and lack of compliance with previous instructions. The case is now being returned to the RO for further development.