Other conditions decisions — 2006

The Board finds that the veteran did not incur any postoperative residuals of left eye cataract surgery as a result of VA fault or an event not reasonably foreseeable, and therefore denies entitlement to compensation under 38 U.S.C.A. § 1151.

The Board has granted the request for a waiver of recovery of an overpayment of VA improved pension benefits in its entirety, initially calculated as $32,768.50, finding that recovery would be against equity and good conscience.

The Board has ordered remand due to the need for additional development, including obtaining VA and private treatment records, and a VA cardiology examination.

The Board found that the veteran's current back disability, including arthritis of the spine, is not related to his service. The claim for service connection was denied.

The Board found that the veteran does not have current residuals of bilateral foot fractures or a back injury, and thus denied service connection for these conditions.

The Board found that the appellant does not have a psychiatric disorder that was caused or aggravated by his service, and a psychosis was not diagnosed within a year of his service. Therefore, service connection for a psychiatric disorder is not warranted.

The Board denied the veteran's claim of service connection for a dental disorder for outpatient treatment due to lack of evidence showing it was incurred or aggravated by active service.

The March 7, 1969 rating decision establishing service connection for a shell fragment wound to the abdomen and assigning a zero percent rating is not considered clear and unmistakable error.

The Board has granted an increased rating to 30 percent for the veteran's service-connected squamous cell carcinoma of the right lung status-post pneumonectomy, effective August 1, 2001.

The Board has determined that additional development is necessary prior to the adjudication of the veteran's claim for service connection for a left leg muscle injury, including as secondary to his service-connected residuals of trauma to the lumbar spine with herniated nucleus pulposus. The case is REMANDED to the RO for further action.

The Board denied increased evaluations for a right inguinal hernia with tender scar and injury to the inguinal nerve, finding that the evidence did not support higher ratings under applicable diagnostic codes.

The Board denied the appellant's claim for basic eligibility to VA benefits due to a lack of qualifying service as a veteran.

The Board denied the veteran's claims for increased ratings for his service-connected bilateral shin splints and T4 dysfunction, as well as his claim of service connection for interstitial lung disease. The veteran did not meet the criteria for a compensable rating under applicable diagnostic codes.

The Board found that the veteran's left knee disability warranted a 10 percent rating based on painful motion, but denied any higher ratings due to lack of evidence of instability or subluxation.

The Board denied the appellant's claim for basic eligibility to VA benefits due to a lack of qualifying military service in the U.S. Armed Forces.

The Board denied the appellant's claims of service connection for residuals of a left leg injury and pneumonia due to lack of new and material evidence, and found that he did not meet the requirements for VA pension benefits as his service was outside of recognized war periods.

The Board found no service connection for the cause of death due to glioblastoma multiforme, which was not associated with herbicide exposure. The appellant's DIC claim under 38 U.S.C.A. § 1318 also failed as she did not meet the criteria for receiving benefits.

The veteran's spouse is eligible for reimbursement of unauthorized medical expenses incurred from October 20, 2003 to October 24, 2003 due to the lack of available VA facilities and the need for continued private hospital care.

The Board denied service connection for the cause of death due to oropharyngeal cancer, finding that it was not caused by any incident of service, including exposure to Agent Orange.

The Board found that the veteran did not sustain a back injury during service and therefore, his current degenerative joint disease at L4-L5 is not related to service.