Other conditions decisions — 2006

The Board denied increased evaluations for the veteran's right hip, right ankle, and right foot disabilities. The right hip disability is currently evaluated as 20 percent disabling.

The Board found that the veteran's defective vision worsened during service, and as clear and unmistakable evidence reflects this increase was due to the natural progression of the disorder rather than being aggravated by service.

The Board found that the veteran's left cerebral infarction is not related to service or a service-connected disability, and denied his claims for increased ratings.

The Board has determined that the veteran's osteoporosis is not related to service or his service-connected iridocyclitis, including Prednisone therapy for iridocyclitis.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the appellant's sickle cell anemia and hemoglobin SC disorder first manifested during her period of service.

The veteran's representative filed a motion for reconsideration, and the Board granted it. The case was remanded to the RO with instructions that the veteran and his representative should be provided with copies of certain documents as requested by the Board in its April 1996 remand. However, there is no correspondence indicating that the veteran or his representative was notified of the February 2006 hearing.

The Board has denied the veteran's claim for service connection for ulcers as there is no current diagnosis of this condition.

The Board has determined that there is no competent medical evidence to establish residuals of rheumatic fever with cardiac arrhythmia, and thus the veteran's claim for an increased rating is denied.

The veteran's benign prostatic hypertrophy requires the use of absorbent materials more than four times per day, but his service-connected condition is not the sole cause of this impairment. The Board finds that a higher rating is not warranted.

The Board found no evidence linking the veteran's current left lower extremity disability to his military service, and thus denied his claim for service connection.

The Board has remanded the case for additional development, including an examination to determine the current nature and severity of the veteran's left forearm shell fragment wound residuals, specifically Muscle Group V.

The Board found that the appellant and the veteran were never married, thus denying her claim for recognition as his surviving spouse for VA benefits purposes.

The Board found that there is not sufficient evidence to establish a connection between the veteran's benign tumor and his military service, thus denying his claim for service connection.

The Board has determined that the veteran's shrapnel wounds of the right lower leg with retained foreign bodies warrant a 10 percent disability rating, as there is no evidence of tissue loss or impairment of function.

The Board finds that the veteran's post-concussion syndrome is manifested by subjective complaints of headaches, which are already contemplated in the current 10 percent rating. Therefore, his claim for an increased evaluation is granted.

The Board has granted service connection for the cause of the veteran's death based on the regulatory changes that became effective in October 2004, which established a presumption of service connection for certain diseases including myocardial infarction due to atherosclerotic heart disease.

The veteran's request for a waiver to recover an overpayment of $32,012 in disability pension benefits was denied. The Board found that the veteran was at fault for creating the overpayment and that recovery would not cause undue hardship or defeat the purpose of VA benefits.

The veteran's herpes simplex virus II is currently evaluated as 60 percent disabling on and after August 30, 2002. The right ear disability remains noncompensable under the old rating criteria but becomes compensable under the new criteria.,Service connection for herpes simplex virus keratitis of the right eye has been granted.

The Board has remanded the case due to the need for additional examination and opinion regarding the veteran's bilateral elbow tendonitis.

The Board has determined that the appellant is recognized as the veteran's surviving spouse for purposes of receiving VA benefits, given her continuous cohabitation with the veteran and her belief in a common-law marriage prior to the formal ceremony.