Other conditions decisions — 2007

The Board has determined that the veteran's arthritis is not related to his military service, and thus denied his claim for service connection.

The Board has determined that the veteran's claim for service connection for residuals of stroke is denied, and his claim for special monthly compensation for loss of use of the left hand requires additional development.

The Board has denied the veteran's claims for service connection for high cholesterol and strain, right and left sides as there is no current disability found in the medical records.

The Board found that the veteran's left eye disability is not related to his service-connected enucleation of the right eye and did not meet the criteria for compensation under 38 U.S.C.A. § 1160.

The veteran seeks service connection for multiple myeloma, claiming it is due to exposure to ionizing radiation. The RO denied the claim based on lack of evidence showing exposure in Nagasaki. The Board has determined that a dose estimate should be requested from the DTRA and referred to the Under Secretary for Benefits.

The Board denied the veteran's request for waiver of overpayment of VA pension benefits due to his failure to report receipt of Social Security Administration (SSA) income, finding that this constituted bad faith. The debt was not created by fraud or misrepresentation.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for a pulmonary thromboembolism with infarct, claiming it was due to either Department of Veterans Affairs (VA) failure to properly diagnose or due to VA-prescribed medication. The case has been remanded for additional examination and opinion.

The Board has determined that the cause of the veteran's death, pneumonia and chronic lung disease, was not service-connected.,The appellant is not entitled to DIC benefits as her husband did not have a service-connected disability rated as totally disabling at the time of his death.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back condition. However, after reviewing all available evidence, including VA treatment records and opinions from medical professionals, the Board finds that there is no evidence showing a chronic back disability in service or at any time thereafter. The Board concludes that the current back condition is not related to military service.

The Board has granted a 30 percent evaluation for the veteran's shell fragment wound to the left leg, with multiple scars and damage to muscle group XI. The chest/pleural cavity residuals are not service-connected due to lack of evidence.

The Board denied the veteran's request for an earlier effective date of September 14, 1996, for the grant of a TDIU. The decision is final.

The veteran's claims for service connection for dengue fever, skin rash, fatigue, insomnia, memory loss, and gastrointestinal disability have been denied.,Service connection has not been established for a bone loss disability.

The veteran's claim for special monthly compensation on account of the need for aid and attendance or being housebound is denied as he is already receiving compensation under a different provision.

The Board has denied the veteran's claim for an earlier effective date of February 23, 2004, for service-connected residuals of a broken nose with deviated nasal septum. The appeal is based on the timing of the initial claim and not on any legal issue regarding service connection.

The Board denied a compensable disability rating for the veteran's service-connected fractures of the right 4th and 5th metacarpals, finding no evidence of ankylosis or limitation of motion that would warrant a higher rating.

The Board found no evidence of additional disability resulting from VA treatment and denied the veteran's claim for compensation under 38 U.S.C.A. § 1151.

The veteran is entitled to waiver of recovery of overpayment of compensation benefits in the calculated amount of $2696.00 due to VA's primary fault in creating the overpayment.

The veteran's paroxysmal atrial fibrillation was rated at 10 percent from March 10, 2000 through October 14, 2001.

The Board denied the veteran's claim for an earlier effective date for Dependents' Education Assistance (DEA) benefits, finding that there was no legal entitlement to such benefits prior to December 29, 2003.

The Board has granted service connection for dry eyes and eye sensitivity, finding that the veteran's meibomian gland dysfunction, which began in service, is a symptom of his current condition.