Other conditions decisions — 2005

The Board has remanded the case to the RO for scheduling a personal hearing via videoconferencing, and then returning it to the Board.

The Board has determined that additional development is needed to determine the nature and etiology of any current bilateral foot disability or pilonidal cyst residuals, and whether they are related to service.

The veteran's claim for an increased rating for incomplete paralysis of the right ulnar and radial nerves is being remanded due to a misinterpretation of his service-connected history. The RO should correctly rate the veteran's disability on the basis of the evidence of record, including VA examination reports.

The Board has determined that the cause of the veteran's death, sepsis with a right foot gangrene, was not incurred or aggravated by service and is not related to any service-connected disability.

The Board denied the veteran's claims for an increased evaluation for his service-connected Klippel-Feil syndrome and service connection for his right C1 and C2 hemilaminectomies and resection of bony protuberances with subsequent near total pons infarction, finding that these conditions were not related to his service or a service-connected disorder.

The appellant is not eligible for DEA benefits under Chapter 35 as her father was never found to have a permanent and total disability rating based on service-connected disabilities before the appellant's 26th birthday.

The veteran was granted service connection for a chronic gastrointestinal disability and an increased rating for degenerative disc disease of the cervical spine, but denied service connection for skin growths on her left breast. The right shoulder disability received a 30 percent evaluation.,The veteran's right shoulder disability is rated at 40 percent since April 9, 2003.

The Board found that the veteran's request for waiver of recovery of an overpayment of pension benefits was timely filed.

The veteran's claim for educational assistance benefits under Chapter 30 was denied because his application was received after the expiration of his period of eligibility.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the veteran's claim for service connection for residuals of a right eye injury.

The Board found that there is insufficient evidence to support service connection for left hand numbness and a gastrointestinal disorder.,VA determined that the veteran's current complaints of left hand numbness are not related to his service.

The veteran's service-connected chronic adjustment disorder is currently rated at 30 percent, and the Board has determined that this rating adequately reflects his current level of disability.

The veteran's claim for special monthly compensation (SMC) under 38 U.S.C.A. § 1114(s) is being remanded due to the submission of new evidence and a request for a new examination.

The veteran's appeal is being remanded to the Department of Veterans Affairs Medical and Regional Office Center (MROC) for a videoconference hearing. The case will then be returned to the Board for further action.

The Board found that the veteran's service-connected bilateral nephroptosis does not warrant an increased evaluation, and his hypertension or heart condition are not shown to be secondary to this disability.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $12,000.00.

The Board found that a bilateral foot disorder was not incurred in or aggravated by active service, nor may arthritis be presumed to have been so incurred.

The Board has denied the veteran's appeal for a higher disability rating for his residuals of cancer of the larynx and his gunshot wound to the left femoral neck.

The VA determined that the veteran's right tibia disorder does not warrant a rating in excess of 30 percent.

The Board denied the veteran's claim for service connection for a pinned hip, finding that there was no clear and unmistakable evidence of aggravation during service. The pre-existing condition existed prior to service.