Other conditions decisions — 2005

The Board has granted the appellant's waiver request for overpayment of VA improved death pension benefits in the amount of $3,357.00 due to financial hardship and the fact that recovery would defeat the purpose of the benefit.

The veteran's claim for a compensable evaluation for his bilateral defective hearing from the initial grant of service connection is being remanded due to new evidence showing worsening hearing acuity.

The Board has reopened the veteran's claims for service connection for duodenal ulcer, hyperopia of the right eye, congestive heart failure, schistosomiasis, left eye aphakia, and bronchopneumonia. The evidence submitted since the 1973 Board decision is considered new and material.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence showing a chronic form of pneumonia existed in service and did not contribute to his death from community acquired pneumonia.

The veteran's appeal is about his basic eligibility for nonservice-connected pension benefits. The case has been remanded due to the inability to produce an audible transcript of a previously scheduled hearing.

The Board found that the cause of the veteran's death was due to acute and chronic alcoholism, with other significant conditions including hypertensive and arteriosclerotic cardiovascular disease. The service-connected colitis did not contribute substantially or materially to the cause of death.

The Board has remanded the case due to procedural issues and a need for full notification.

The Board denied the veteran's claims for service connection due to lack of new and material evidence.

The Board denied the veteran's claim for an effective date earlier than September 2, 1997 for the grant of service connection for schizoaffective disorder due to a lack of pending claims to reopen prior to that date.

The veteran's overpayment of non-service connected pension benefits in the amount of $10,330 is under review and needs to be reconsidered due to his hospitalization.

The veteran's Crohn's disease results in severe symptoms with numerous attacks per year, leading to marked malnutrition, anemia, and general debility. The Board has determined that a 100 percent rating is warranted based on the severity of his condition.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she did not meet the requirements of continuous cohabitation with the veteran and had remarried. The appeal is dismissed.

The Board has denied the reopening of the claim for service connection for bone spurs of the feet and has determined that there is no evidence to support a finding that these conditions are related to service or any other compensable condition.

The Board has determined that the veteran's residuals of a fracture of the left femur, with trochanteric bursitis and degenerative joint disease of the left knee do not warrant an evaluation in excess of 30 percent.

The Board has granted a 10 percent rating for varicose veins of each lower extremity, resolving the veteran's appeal.

The veteran's service-connected congenital anomaly with hypoplastic vertebrae/congenital spondylolisthesis is currently rated at 40 percent from February 10, 2003. This rating reflects the severity of his condition as manifested by pronounced intervertebral disc syndrome.

The veteran's claim for an increased rating for his service-connected skin conditions (onychomycosis of the toenails and trichophytosis of the feet and hands) is being remanded due to the need for a new VA examination, as well as development regarding whether he has additional areas affected by these conditions.

The Board has determined that the reduction of the rating for Hodgkin's disease from 100 percent to 10 percent, effective October 1, 2001, was proper. The veteran is not entitled to a higher disability rating as his residuals are not related to the service-connected Hodgkin's lymphoma.

The Board has determined that the appellant is not entitled to an effective date earlier than November 1, 1996 for the payment of DIC benefits as a matter of law due to the laws and regulations governing effective dates. The claim must be denied based on a lack of entitlement under the law.

The Board denied service connection for phlebitis of the left leg, finding insufficient evidence to link the condition to service.