Other conditions decisions — 2007

The veteran's chronic skin rash is rated as noncompensable, and the Board finds that a compensable rating is not warranted based on the evidence of record.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her income exceeding the maximum allowable rate.

The Board denied the claim of service connection for the cause of the veteran's death, finding that there was no medical evidence linking esophageal cancer to military service or a service-connected disability.

The veteran's appeal for an increased rating greater than 40 percent for ventral hernia has been dismissed due to his withdrawal of the appeal. The issue of entitlement to an increased rating greater than 20 percent for post-operative residuals of injury to the left lower leg remains before the Board.

The Board has granted service connection for left posterior tibial tendonitis, finding that the veteran's current condition is related to her active military service. The issue of a higher rating for the service-connected left knee disability remains pending.

The Board has remanded the case to the RO for consideration of additional evidence received since the September 2004 rating decision, including medical records from the Little Rock VA Medical Center.

The Board has determined that the appellant is not a child of the veteran and, therefore, is not entitled to VA benefits based on his service.

The Board denied the veteran's claim for a disability rating in excess of 10 percent for his service-connected bilateral chronic conjunctivitis, finding that the evidence did not support such an increase.

The Board found that the veteran's overpayment of VA pension benefits was valid and denied a waiver due to fault on his part, balancing of faults between him and VA, and lack of undue hardship or unjust enrichment.

The veteran is granted a 100% rating for right eye blindness effective October 21, 2003. The effective date of the SMC based on loss of use of both eyes was also set to this date.

The Board has remanded the case due to new evidence and requests for additional information, including SSA disability benefits records and VA clinic records. The claims will be reconsidered under the legal standard set forth by VAOPGCPREC 3-2003.

The Board denied the appellant's attempt to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been presented.

The veteran was granted treatment in the VA health care system without a copayment requirement for both 2001 and 2002 based on their income levels.

The Board has determined that the effective date for entitlement to compensation under 38 U.S.C.A. § 1151 is March 4, 1998, which is earlier than the currently assigned May 26, 2000 effective date.

The veteran does not meet the basic eligibility requirements for VA non-service-connected pension benefits due to a lack of wartime service.

The Board has determined that there are no residuals of a cold injury to the veteran's feet, and thus service connection cannot be granted.

The VA determined that the veteran's left hand disability, which resulted from an excision of a post-traumatic mass during service, does not warrant a compensable rating as it does not limit motion or function and has no associated scars.

The Board has requested a hearing for the veteran and is remanding the case to the RO for further action.

The Board's December 2004 decision was dismissed by the Court as it had been appealed to and decided by a court of competent jurisdiction.

The Board has determined that the veteran's current gastrointestinal disorder, including dumping syndrome, is related to service and grants service connection for this condition.