Other conditions decisions — 2006

The Board has determined that the veteran's current skin condition is not related to his military service and denied his claim for service connection.

The Board denied the veteran's claim for an effective date earlier than October 16, 2003 for the award of service connection for chronic lymphocytic leukemia due to the lack of evidence showing a disease related to Agent Orange exposure prior to that date.

The Board denied the appellant's claim to be recognized as the veteran's child for VA purposes due to her age and lack of being permanently incapable of self-support by reason of physical or mental defects at or before she attained the age of 18.

The Board has determined that the veteran's hyperopia, astigmatism, and presbyopia are not disabilities for VA compensation purposes as they are refractive errors. The Board also found no evidence of current diabetic retinopathy. Therefore, service connection for an eyesight condition is denied.

The veteran's claim for an earlier effective date for additional disability compensation benefits for his spouse and stepchild was denied. The veteran's son, B.T., is also not entitled to additional disability compensation as a dependent child.,The Board found that the earliest possible effective date for the award of additional compensation for the veteran's wife and stepchild is October 1, 2003. The claim for additional benefits for the veteran's son was denied because he did not meet the criteria for being considered a dependent child.

The Board denied the veteran's claim for service connection for cause of death and also denied his claim for nonservice-connected death pension benefits. The veteran died in January 1971 from a gunshot wound to the neck, which caused hemorrhage.

The veteran's request for waiver of overpayment of VA compensation benefits was not timely filed, and therefore, the claim must be denied.

The veteran's chronic prostatitis is rated at 40 percent, and the Board has granted a higher rating to 60 percent based on the use of absorbent materials that must be changed more than four times a day.

The Board has determined that the recovery of an overpayment of $43,183.00 in pension benefits would be against equity and good conscience due to the veteran's financial hardship and the fact that withholding the benefits would defeat their intended purpose.

The Board has remanded the case for additional development, including a VA examination and consideration of other regulatory issues.

The case is being remanded for additional development to determine the veteran's current financial status and any legal documents setting forth his obligations towards the claimant.

The Board has remanded the case for additional development, including a VA neurological examination to assess any objective neurologic abnormalities and functional loss due to pain.

The Board has determined that the veteran's spermatocele does not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Board has granted a 30 percent rating for urticaria, the highest available under the old version of Diagnostic Code 7806. The other issues remain unchanged.

The veteran is seeking an earlier effective date for a 10 percent rating for his service-connected incurvated dystrophic nail of the left great toe. The Board has remanded this case to the RO for further action, including issuance of a statement of the case (SOC).

The Board has determined that the appellant's current diabetic foot problems are not related to the acute bilateral calluses of the feet treated in service, and therefore denied the claim for service connection.

The case is being remanded for additional development to determine the appellant's financial status, employment history, and any existing obligations related to her child.

The Board has determined that the appellant's service-connected left elbow disability does not render him unable to secure or follow substantially gainful employment, and thus denies his claim for a TDIU.

The veteran's appeal is being remanded for a video conference hearing at the RO in Wilmington, Delaware. The case will be returned to the AMC after the hearing.

The Board has determined that the veteran's injuries were not incurred in the line of duty and are due to his willful misconduct, thus denying service connection for residuals of an explosive injury.