Other conditions decisions — 2005

The Board has decided to remand the case for additional development, including obtaining medical records and seeking an opinion on whether the veteran's congenital arteriovenous malformation was aggravated by military service.

The Board has determined that the veteran's autoimmune disorder, including lupus, was not incurred in or aggravated by service. The issue of service connection for a cardiac disorder is being remanded due to inadequate examination.

The Board denied an apportionment of the veteran's service-connected disability compensation benefits to the appellant on behalf of her minor son due to the veteran reasonably discharging his child support responsibilities.

The veteran's request for waiver of overpayment of compensation benefits was not timely filed, as it came in December 2001, which is more than 180 days after the September 2000 notice letter. The Board denied the claim due to lack of timeliness.

The Board denied the veteran's claim for a rating in excess of 10 percent for his service-connected undifferentiated somatoform disorder, finding that the evidence did not demonstrate more than mild impairment of social and industrial adaptability.

The Board found that there is no evidence to support a service connection for the veteran's left foot condition, including amputation of the left little toe and metatarsal. The medical evidence indicates these conditions are due to non-service-connected disabilities such as diabetic neuropathy and infection.

The Board found that the appellant was at fault in creating the overpayment due to underreporting of income, and denied waiver of recovery of the $13,413 overpayment.

The veteran's claim for an initial compensable disability rating for herpes was granted, but the VA examiner found that more information is needed to determine the extent of his condition. The case is being remanded for further development.

The Board has determined that the appellant is not entitled to recognition as the veteran's widow for purposes of VA benefits due to a lack of evidence of a valid common-law marriage at the time of the veteran's death.

The Board has remanded the case for further development and compliance with VCAA requirements, including notification of information or evidence necessary to substantiate the claim.

The Board denied the claim of service connection for the cause of the veteran's death due to lack of new and material evidence. The appellant presented additional evidence but it was deemed not significant enough to reopen the case.

The veteran's claim for an extension of a temporary total rating based on right knee surgery is being remanded due to the need for additional follow-up treatment reports and VCAA compliance.

The veteran's service record shows that he suffered from dysentery during his active duty service in India and Burma. The Board finds the veteran credible and concludes that he currently suffers from dysentery, which is at least as likely as not related to his inservice condition.

The veteran is seeking an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU). The case has been remanded due to the lack of a statement of the case addressing this issue.

The Board has determined that recovery of the overpayment of $3,547.00 in death pension benefits is against equity and good conscience.

The veteran's claims for service connection for an eye condition, increased ratings for chronic right knee strain and PTSD, and earlier effective date for a 50% rating for PTSD are all denied. The Board found that the evidence did not support the presence of a compensable eye disorder or any other disability related to service.

The Board has reopened the veteran's claim and granted service connection for right superior oblique palsy with head tilt, finding that new evidence supports a link to his military service.

The veteran's service does not meet the requirements for eligibility to educational assistance benefits under Chapter 30, Title 38.

The veteran's claim for educational benefits is being remanded due to the need for compliance with VCAA requirements and consideration of his request for Chapter 30 benefits for a specific period.