Other conditions decisions — 2006

The Board has remanded the case due to notification and development issues, including obtaining additional medical records and arranging for a VA ophthalmology examination.

The Board found that the additional impairment of the right arm and hand was not due to VA's carelessness, negligence, or error in judgment. The veteran's disability is considered a direct result of his surgery.

The Board denied service connection for the cause of the veteran's death and remanded the claim for entitlement to dependents' educational assistance benefits under 38 U.S.C.A. Chapter 35.

The Board has determined that the veteran's acquired psychiatric disability, diagnosed as dysthymic disorder, is not related to his active-duty service and thus denied his claim for service connection.

The VA determined that the veteran does not currently have a chronic respiratory condition that is a residual of a disease or injury incurred during service.

The Board has denied the veteran's claim for service connection of Graves' disease, as claimed to be related to exposure to ionizing radiation during his military service.

The Board has determined that the veteran's shell fragment wounds to his legs do not meet or approximate the criteria for a higher rating, and thus the claims are denied.

The Board found that the pension overpayment was validly established and denied a waiver of recovery due to fault on the part of the appellant, outweighing any faults attributed to the VA.

The VA has determined that the veteran's RSD of the right lower extremity does not warrant a rating higher than 10 percent since December 25, 1992.

The Board has determined that the veteran's current bilateral eye disability is not related to service and therefore denied her claim for service connection.

The VA denied the veteran's claim for a compensable evaluation for his right ring finger fracture, finding that the current non-compensable rating adequately reflects the severity of his disability.

The Board has determined that an earlier effective date for DIC benefits is not warranted based on the facts of this case.

The Board has granted an initial rating of 20 percent for each hip disability, effective from the date service connection was established (October 1, 2001).

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her annualized countable income exceeding the maximum annual income limit set by law.

The Board has determined that the veteran's death was not due to a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Board denied the veteran's claims for increased ratings, finding that a 20 percent rating was warranted prior to May 3, 2002, but not thereafter.

The Board denied reimbursement for unauthorized medical services provided by Triangle Laboratories in April 1993 due to lack of authorization from VA and the absence of a medical emergency.

The Board has determined that the veteran does not have any residual disability from a right hydrocelectomy in service, and his current low sperm count is not related to this procedure. Therefore, service connection for residuals of a right hydrocelectomy, including a low sperm count, is denied.

The veteran's claim for an increased rating for residuals of a shell fragment wound to the left leg, involving Muscle Groups XIII and XIV was denied. The Board found that his condition did not meet criteria for a higher evaluation than 10 percent. His TDIU claim was also denied as his service-connected disabilities do not preclude substantially gainful employment.

The Board denied service connection for the cause of the veteran's death and found that there was no evidence linking his death to his military service. The claim for accrued benefits is remanded as a new statement of the case must be issued.