Other conditions decisions — 2006

The Board denied a rating in excess of 10 percent for the veteran's postoperative pilonidal cyst, finding that the disability did not meet the criteria for a higher evaluation under VA's rating schedule.

The Board found that the enucleation of the veteran's right eye was a result of negligence on the part of VA physicians during a routine cataract surgery in December 2001, and thus warranted compensation under 38 U.S.C.A. § 1151.

The VA determined that the appellant did not meet basic eligibility for VA benefits due to a lack of valid military service, and thus denied his claim.

The Board has determined that the veteran does not currently suffer from a relapse of malaria with active residuals, and thus, there is no basis for an initial compensable evaluation.

The Board denied the claim for service connection for diverticulitis (claimed as ulcers) due to a lack of evidence linking the condition to service.

The Board has determined that additional VCAA notice and development are required before the claims can be decided.

The Board has determined that the claim to reopen a service connection for residuals of a back injury should be remanded due to procedural issues and the need to obtain additional evidence.

The veteran's claims for a compensable evaluation for his fracture of the left distal fibula and service connection for chronic gum disease are being remanded due to additional development needed, including obtaining private treatment records.

The Board found that sepsis and bronchopneumonia, the immediate and secondary causes of the veteran's death, were not incurred in or aggravated by service. Therefore, the claim for service connection for the cause of the veteran's death was denied.

The veteran's appeal is being remanded to the RO for further development and consideration of her claims for an increased rating for left axilla suppurative hidradenitis and service connection for right axilla suppurative hidradenitis. The RO must obtain updated medical records, arrange for a VA examination, and consider all submitted evidence.

The Board found that the improved death pension award for 2002 was correctly calculated at $27.00, based on the appellant's income and medical expenses.

The Board has determined that the veteran's current nervous condition is not related to service or a service-connected disability, and thus denied his claim for service connection.

The Board has denied the veteran's claims for increased evaluations for her post-operative gynecological surgical residuals and loss of one ovary, finding that only a noncompensable evaluation is warranted.

The Board has granted a waiver of recovery for the overpayment of nonservice-connected pension benefits in the amount of $500.00, finding that repayment would be against equity and good conscience.

The veteran is seeking service connection for blood in his urine. The Board has determined that further development, including obtaining medical records and scheduling a VA examination, is necessary to decide the claim.

The Board has granted a compensable disability rating of 10% for the veteran's service-connected residuals of shell fragment wounds to the left thigh and calf, Muscle Group XV, with scar and retained foreign bodies. The right leg disability remains noncompensable.

The veteran's mood disorder is rated at 70 percent, and his left knee osteochondritis dessicans is rated at 10 percent. The TDIU claim was granted.

The Board has determined that additional development is necessary to determine if the veteran was a fugitive felon and whether this resulted in the discontinuation of compensation payments and the creation of an overpayment. The case will be remanded for further investigation.

The Board found that the appellant is not eligible for a VA non-service-connected disability pension due to his service status, and thus denied the claim.

The veteran died from congestive heart failure and cellulitis of the legs. The Board found that his service-connected psychiatric disability (anxiety reaction with depressive features) and low back disability (post-operative herniated nucleus pulposus) did not cause or contribute to his death.