Other conditions decisions — 2005

The Board has determined that the veteran's claims for increased ratings for right and left lower extremity varicose veins are denied as there is no evidence of stasis pigmentation, eczema, or ulceration in either leg.

The Board has decided that additional development is needed, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any pulmonary disability.

The Board has determined that the veteran's cardiovascular disability is not related to his active service or a period of one year following service, and thus denied his claim for service connection.

The Board has determined that the overpayment of VA improved death pension benefits should be waived due to hardship and undue financial strain, as withholding would defeat the purpose of the benefit program.

The Board has remanded the case due to insufficient information regarding the appellant's countable income for 2002 and exact medical expenses. The VBA AMC is instructed to prepare an audit of these records, including documentation of all payments made by SSA and retroactive payments received.

The Board has determined that the veteran does not have a current diagnosis of cold weather injuries to the upper and lower extremities, or any nexus between these conditions and his service. As such, the claim for service connection is denied.

The Board denied the appellant's claim for eligibility to education benefits under the Dependents Educational Assistance Program (Chapter 35) due to her not meeting the age requirement at the time of her application, as she had already reached the age of 26 before the veteran received a permanent and total disability rating.

The Board denied a higher disability rating for the service-connected duodenal ulcer, finding that it did not meet the criteria for a rating in excess of 40 percent.

The Board denied the veteran's claim as it was proper to discontinue educational assistance benefits effective January 22, 2004.

The Board has determined that the veteran's death from heart disease was not caused or contributed to by his service-connected conditions, including myocarditis and duodenal ulcer.

The Board found that the appellant did not provide necessary information to substantiate her claim for retroactive death pension benefits, leading to a denial of her request.

The veteran's initial rating assignments for his neck injuries in the right and left upper extremities are being remanded due to a need for further examination.

The Board denied the veteran's claims for increased ratings for his service-connected psychophysiological musculoskeletal and gastrointestinal disorder with deformed duodenal bulb, residuals of right inguinal hernia repair, and TDIU. The current combined disability evaluation is 40 percent.

The Board found that the veteran's current left foot disorder was not incurred in or aggravated by service and is not related to active duty service. The arthritis of the foot could not be presumed to have been incurred in service.

The Board has determined that the veteran does not meet the criteria for special monthly pension based on need for aid and attendance due to her inability to dress, undress, keep herself clean, attend to her wants of nature, or protect herself from daily hazards.

The VA granted a 100% disability rating for the veteran's dysthymic disorder effective from August 26, 2005. The effective date was set based on an increase in disability that occurred within one year of the claim.

The VA has determined that the veteran's right shoulder disability, characterized by acromioclavicular separation and chronic pain, warrants an initial evaluation of 20 percent.

The Board denied an initial compensable rating for post-traumatic interphalangeal joint flexion deformity of the right ring finger, finding that the veteran's disability did not meet the criteria for a higher evaluation based on limitation of motion or any other relevant factors.

The Board denied service connection for a right eye disorder and denied an increased rating for conjunctivitis with decreased visual acuity of the left eye.

The Board denied the veteran's request for waiver of recovery of overpayments of improved pension benefits, finding that his actions constituted bad faith in creating the overpayments.