Other conditions decisions — 2006

The Board found that the veteran's left knee replacement surgery was not due to VA treatment, but rather a result of his previous fracture and its progression. The decision concluded that VA did not provide substandard care.

The veteran withdrew his appeal regarding the level of health care eligibility, so the case is dismissed.

The Board has granted service connection for folliculitis, a skin disorder. The claim for service connection for diarrhea due to an undiagnosed illness is denied.

The Board has determined that the veteran's current gastric enteritis is not related to her active service and denied her claim for service connection.

The veteran's appeal is being remanded for consideration of an extraschedular rating for his right elbow disorder. The issue remains whether he should receive a higher evaluation than the current 20 percent.

The veteran's claim for an increased rating for his service-connected left inguinal hernia was denied because he failed to report for a scheduled VA examination without good cause.

The Board found that the veteran's left foot disability did not meet or approximate the criteria for a higher rating, as there were no residual moderately severe or severe symptoms associated with his disability.

The veteran's service was less than 90 days and he did not have a disability adjudged service-connected at the time of discharge. Therefore, he is not eligible for non-service-connected pension benefits.

The Board denied the veteran's claim for service connection for a chronic respiratory disability, including bullous emphysema status/post left lobectomy, finding that there was no medical evidence linking his current lung disorder to military service. The claim was also dismissed due to the prohibition on service connection for disabilities attributable to use of tobacco products during service.

The Board denied the veteran's claim for service connection for cause of death and denied his claim for dependents' educational assistance (DEA). The cause of death was attributed to metastatic pancreatic cancer, which is not presumed to be related to military service or exposure to herbicides.

The veteran's joint pain and swelling of the hands are not considered to be due to an undiagnosed illness, as they can be attributed to known diagnoses such as bilateral chondromalacia patella. The claim is denied.

The Board found no evidence of arthritis in the spine or left hip during service, within one year after separation from service, or currently. The veteran's claims for service connection were denied.

The Board found no residuals of an in-service back injury and concluded that the current degenerative changes are not related to service, thus denying the veteran's claim for service connection.

The veteran's appeal is being remanded due to the submission of new evidence and the need for a VA examination.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for asteroid hyalosis, which he claims was caused by cataract surgery performed at a VA facility in May 1990. The case has been remanded to obtain clarification from a medical opinion regarding whether the surgery resulted in additional disability and if so, whether it was due to carelessness or negligence on VA's part.

The Board finds that the appellant is solely at fault in the creation of this debt due to her failure to inform VA promptly of her change in income. The Board also finds that financial hardship would result from collection of the overpayment, and thus waives recovery of an overpayment of improved pension benefits.

The veteran's claim for special monthly compensation based on need for aid and attendance has been dismissed due to his death.

The veteran's death certificate stated his marital status as being divorced, and a divorce decree is regular on its face. The appellant's claim for benefits as the surviving spouse of the veteran must be denied.

The Board found that the veteran's arteriosclerotic vascular disease with aortic valve replacement is not related to his service or to his service-connected diabetes mellitus, and therefore denied the claim for service connection.

The Board has determined that the veteran does not have a current disability of leukemia or polycythemia vera, and there is no evidence linking these conditions to his military service.