Other conditions decisions — 2006

The veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge.

The veteran's appeal for non-service-connected pension was dismissed due to his death.

The Board has remanded the case due to outstanding medical records and will consider service connection for the cause of death in light of all pertinent evidence.

The Board found that the veteran's pre-existing bilateral defective hearing did not worsen during service, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for residuals of dental trauma, residuals of an abnormal Pap smear, and tinnitus. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Board is remanding the case to obtain additional medical records and provide a physician's opinion on whether the veteran's fatal fall was caused by his service-connected right knee disability.

The Board has granted a 20 percent evaluation for residuals of prostate adenocarcinoma, effective December 1, 2003. The veteran's bilateral hearing loss is not compensable.

The Board has determined that additional information and evidence are needed to fully adjudicate the veteran's claim for service connection for systemic lupus erythematosus. The RO is instructed to verify any additional periods of active duty service, obtain all outstanding medical records from relevant VA facilities, and arrange for a VA examination to determine if the veteran's condition had its onset during military service or is otherwise related to his military service.

The Board found that the appellant's loan guaranty indebtedness in the amount of $6,274.82 was properly created and thus denied his claim.

The Board found that the evidence submitted since the August 1995 rating decision does not raise a reasonable possibility of substantiating the veteran's claim for service connection for systemic lupus erythematosus.

The Board found that the veteran did not commit fraud, misrepresentation or bad faith in creating the overpayment and thus waived recovery of the $99,214 debt is not precluded by law. The case is now remanded for further consideration under the principles of equity and good conscience.

The Board has been notified of the appellant's withdrawal of his appeal, and thus the case is dismissed.

The VA determined that the appellant's child, R.P., was entitled to an apportionment of his VA disability compensation benefits in the amount of $200.00 per month from August 1, 1991 to January 8, 2004 due to hardship.

The Board denied the veteran's claims for service connection for a condition manifested by pain in the right hip, right leg, and low back, as well as hypertension. The decision found that the presumption of soundness was rebutted due to pre-existing shortening of the right leg at entry into service, and there was no evidence of aggravation during service or post-service.

The veteran's daughter is eligible for an effective date of February 1, 1999, for Chapter 35 educational assistance due to her father's permanent and total disability.

The Board has reopened the claim of service connection for cause of death due to new and material evidence submitted by the appellant. The case is now remanded for further development.

The veteran's left hand fractures have been rated at 10 percent since March 24, 2003. The Board found that the current rating of 10 percent is appropriate given his limited range of motion and ankylosis in one finger.

The Board found that the appellant did not file a timely Notice of Disagreement (NOD) regarding the August 2002 rating decision denying service connection for the cause of the veteran's death and entitlement to accrued benefits.

The veteran's claims for service connection have been dismissed due to his death.

The Board has decided to remand the case for additional development of the record, including obtaining service medical records and Social Security Administration disability benefits decision.