Other conditions decisions — 2005

The Board denied the veteran's claim for special monthly compensation (SMC) based on loss of use of his left foot, finding that he does not have a condition equivalent to complete paralysis of the common peroneal nerve.

The Board denied an earlier effective date for the award of dependency and indemnity compensation benefits, finding that it was legally precluded due to a previous severance decision.

The Board denied the veteran's request for a waiver of an overpayment of VA compensation benefits in the amount of $2,305.00 due to his failure to report changes in the status of his dependents.

The Board denied the veteran's request for an extension of his delimiting period for receiving educational assistance benefits under Chapter 30, finding that there was no basis within existing law or regulations upon which to extend the veteran's eligibility period.

The Board has dismissed the appeal due to the death of the veteran, as veterans' claims do not survive their deaths.

The VA determined that the veteran's service-connected left hand amputation disability alone is sufficient to meet the criteria for a total rating, but his other disabilities do not render him unemployable without consideration of these conditions.

The VA has determined that the veteran's service-connected herpes simplex virus does not warrant a compensable rating as it is currently in remission and does not meet the criteria for any higher evaluation under either the old or new rating criteria.

The Board has determined that the veteran's metatarsalgia is not service-connected, as there is no medical evidence linking his current condition to his time in service. The claim for service connection was denied.

The Board of Veterans' Appeals has determined that the appellant's character of discharge from military service is a bar to VA benefits, except under specific provisions in Chapter 17 of the U.S. Code.

The Board has determined that the appellant does not have a defective hearing disability for VA purposes and therefore, service connection for this condition is denied.

The Board has determined that a new examination and opinion are needed to properly adjudicate the service connection claim for the right eye cataract, including whether it is secondary to diabetes mellitus.

The Board found that the appellant's request for waiver of recovery of death pension overpayment was untimely, as it was received more than 180 days after the date of the notification of indebtedness. The appeal is denied.

The Board has determined that additional development is necessary before the appeal can be decided, including obtaining missing documents and providing VCAA notice.

The Board has determined that the veteran's bilateral flatfoot condition warrants a rating of 30 percent, reflecting severe manifestations as per Diagnostic Code 5276.

The Board has ordered additional development of the claim due to the need for records from SSA, VAH in Altoona, and Chestnut Hill hospital. The appeal is now remanded for further action.

The veteran's service-connected disabilities, including wedging of the thoracic spine at T9 with limitation of motion, residuals of stress fracture of the right distal tibia and fibula, residuals of stress fracture of the left distal tibia and fibula, and residuals of stress fractures of the right os calcis, are currently evaluated as 10 percent disabling. The Board finds that these disabilities do not warrant a higher rating under the applicable criteria.

The Board found that the veteran's skin rashes of the back, upper arms, and elbows were not incurred in or aggravated by service.

The veteran's appeal is being remanded due to the need for a videoconference hearing. The issue of entitlement to TDIU remains unresolved.

The Board denied the veteran's request for a waiver of recovery of an overpayment of non-service-connected pension benefits in the amount of $21,057 due to his fault in creating the overpayment by failing to notify VA promptly of his incarceration.

The VA has determined that the veteran's left eye condition, which includes pigment disruption and post-traumatic macular detachment, does not warrant an evaluation in excess of 20 percent.