Other conditions decisions — 2005

The Board has determined that the veteran's lichen simplex chronicus warrants a 10 percent rating, as it affects less than 5 percent of his body.

The appellant does not meet the threshold service eligibility requirements for the receipt of nonservice-connected disability pension benefits due to lack of qualifying wartime service.

The Board has remanded the case due to incomplete information regarding the veteran's service stressors and a need for further examination. The veteran is not granted service connection at this time.

The Board has remanded the case due to insufficient evidence regarding the cause of the veteran's death and whether his cancer was related to service or exposure to herbicide agents in Vietnam.

The Board has determined that the veteran's service-connected residuals of hernia repairs do not warrant a compensable evaluation, and her claims for acquired left eye visual impairment and acquired right eye visual impairment have been denied.

The Board has determined that the veteran does not have a current disability from epididymitis, and therefore denied his claim for service connection.

The September 1975 rating decision denied service connection for a bilateral eye disability due to the veteran's pre-existing condition at entry into service. The RO found that his vision defect was not aggravated during service and thus, he could not be presumed sound.

The Board has determined that the veteran's osteoporosis is at least as likely as not caused by her amenorrhea and oligomenorrhea during service, which in turn likely led to estrogen deficiency. Therefore, the claim for service connection for osteoporosis is granted.

The veteran's claim for a total disability rating based on individual unemployability prior to August 9, 1991 is denied as he has already been awarded a schedular 100 percent rating for his post traumatic stress disorder. The issue of entitlement to a TDIU subsequent to August 9, 1991 is also denied due to the law disallowing such a claim when a veteran has received a schedular total rating.

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits, finding that she intentionally failed to report her unearned income from 1993 to 1997, which resulted in a retroactive reduction and subsequent overpayment. The Board concluded that this constituted bad faith.

The Board found that the veteran's service-connected postoperative removal of nevus, left eye does not have any residuals and thus does not warrant a compensable evaluation.

The veteran's right leg is shortened by five centimeters, which meets the criteria for a 10 percent rating under Diagnostic Code 5275. The Board denied an increased rating as his condition does not meet or approximate the criteria for any higher evaluation.

The Board has determined that the veteran's fatigue and chronic sleep loss are manifestations of a service-connected dysthymic disorder, and thus not separate disabilities warranting service connection.

The Board's decision in October 2000 is dismissed due to the Court's remand and the absence of a final decision.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she did not meet the legal requirements to be considered a surviving spouse.

The veteran's appeal is remanded for consideration of an extraschedular rating under the provisions of 38 C.F.R. § 3.321(b)(1). The claim will be referred to the VA Director of Compensation and Pension Service for consideration.

The veteran's herniated nucleus pulposus at L4 and L5, left, was rated as 40 percent disabling from October 23, 1997. A TDIU was granted effective November 9, 1999.

The Board's decision in October 2000 is dismissed due to the Court's remand and the absence of a final decision.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking his death to military service or herbicide exposure.

The veteran's service-connected residuals of a fracture of the left zygomatic arch are rated at zero percent, and no other claims for increased evaluations or secondary service connection were granted.