Other conditions decisions — 2005

The veteran's cause of death was listed as intractable congestive heart failure due to dilated cardiomyopathy. The Board has ordered further development, including obtaining medical records from the veteran's private cardiologist and reviewing all pertinent evidence before deciding on the issues.

The Board has remanded the case to the RO for additional action, including requesting clinical documentation of the veteran's final hospitalization at Jackson-Madison County General Hospital. The appellant is entitled to a supplemental statement of the case (SSOC) if benefits are still denied.

The Board has determined that the veteran does not have a current skin disorder related to service and therefore denied the claim for service connection.

The Board has reopened the veteran's claim for service connection for a bilateral foot disorder and remanded it for further development, including a VA examination.

The Board dismissed the motion for revision of a decision based on CUE in the 1979 Board decision denying a total rating based on individual unemployability due to service-connected disability. The motion did not meet the pleading requirements set forth by the regulations.

The Board has granted effective dates of March 12, 1997 for the increased ratings and total disability rating based on individual unemployability due to service-connected disabilities.

The Board found that the veteran's injury was not incurred in line of duty due to his willful misconduct, and thus denied service connection for residuals of a gunshot wound to the abdomen.

The Board denied the veteran's claim for service connection for alopecia and burns, finding that there was no evidence of a current disability related to service. The veteran had alopecia due to a flight fuel accident in service but it resolved quickly. There were no complaints or findings of burns during service.

The veteran's claim for service connection for a hysterectomy with bilateral salpingo-oophorectomy is being remanded due to insufficient evidence regarding the relationship between her in-service menstrual problems and the need for the procedure. The VA will obtain additional medical records and provide an opinion on whether the pre-menstrual syndrome she had in service was related to the endometriosis that led to the hysterectomy.

The Board denied the veteran's claims for service connection and a higher initial evaluation, finding that there was no evidence to support the claimed conditions.

The veteran's claim for service connection for cancer including head, neck, or throat is being remanded due to the need for further examination and development of his claims.

The veteran's appeal is being remanded due to his missed videoconference hearing. His claim for an increased evaluation of his left foot fracture with traumatic arthritis remains under review.

The Board found that the veteran's failure to report income from sources other than VA pension benefits resulted in an overpayment. The debt was created solely due to the veteran's fault, and collection would not cause undue hardship on him or his family. Therefore, recovery of the overpayment is granted.

The Board has determined that the veteran's delimiting date for educational assistance benefits should be extended to May 31, 2003, based on her active service period and the applicable legal authority.

The Board has determined that the veteran's cause of death, acute myocardial infarction due to diffuse arteriosclerotic cardiovascular disease, was not caused by or substantially contributed to his death by a service-connected disability.

The veteran's appeal is being remanded due to a pending request for a Travel Board Hearing. The case will be returned to the Board after the hearing.

The veteran's appeal for an extension of his delimiting date beyond May 12, 2004 was denied as he did not meet the criteria for involuntary discharge due to a reduction in force.

The Board denied the veteran's claims for waiver of recovery of overpayments to his VA pension benefits, finding that recovery would not be against equity and good conscience due to the veteran's fault in creating the overpayments.

The Board has remanded the case to the RO for further development, including obtaining records from the Social Security Administration.

The Board has determined that the veteran's current vision problems are related to his service-connected conjunctiva burns from welding, and thus grants service connection for residuals of conjunctiva burns, both eyes.