Other conditions decisions — 2008

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied his claim for service connection for the cause of his death.

The veteran's appeal was denied as he is not legally entitled to educational assistance benefits in excess of the standard monthly rate for full time training from June 5, 2006, to March 8, 2007.

The veteran's Dupuytren's contracture of the right hand was granted a 20% rating effective October 2, 2006. The claim for an increased rating prior to this date and for the left hand remains denied.

The veteran's claim for reimbursement of unauthorized medical expenses incurred from December 10-11, 2004 was denied as the requested additional information was not provided within the required timeframe.

The veteran's appeal is remanded due to incomplete records and the need for a VA medical opinion regarding when his condition stabilized.

The Board found that the veteran did not have a lung disorder that was causally related to service, including asbestos exposure.

The Board has determined that the RO's decision denying a waiver of recovery of an overpayment of nonservice-connected pension benefits was based on an untimely request for a waiver. The case is being remanded to ensure proper notification and consideration of the veteran's request.

The veteran's appeal is being remanded for a Travel Board hearing. The claims include service connection for right-sided facial disfigurement, traumatic amaurosis in the right eye, and refractive error in the left eye.

The Board has determined that the veteran's brachial plexus syndrome, characterized by mild incomplete paralysis of the minor upper extremity, warrants a 10 percent evaluation effective from March 18, 2004.

The Board found no evidence of a chronic respiratory disorder during service or for many years thereafter, and concluded that any current condition is not related to in-service asbestos exposure. The claim for service connection was denied.

The Board has determined that there is no competent medical evidence of a causal relationship between the veteran's current digestive disorder and his service, and this disorder was not shown within one year following service. Therefore, the claim for service connection for a digestive disorder is denied.

The Board found that the veteran's bilateral pes cavus did not pre-exist service and was not aggravated by service. The VA examiner diagnosed the veteran with bilateral pes cavus, but noted it as a congenital condition. As such, the claim for secondary service connection for a back disability due to bilateral foot disability is denied.

The Board found that the veteran's cause of death (asystolic cardiac arrest due to stroke due to hypertension) was not related to his service. The claim for Dependents' Educational Assistance under Chapter 35 was reopened but denied as there was no permanent total disability at the time of the veteran's death or due to a service-connected disability.

The Board found that the overpayment of VA education benefits for the period from June 2000 to January 2003 was not properly created, and thus denied this portion of the claim. However, the overpayment for the period from January 2003 to June 2003 was properly created, and the veteran is required to repay these benefits.

The Board found that the veteran reasonably discharged his responsibility for supporting his dependent children from June 1999 to November 2004, and thus denied an apportionment of his VA benefits.

The Board has granted service connection for varicose veins but denied the claim of service connection for loss of teeth.

The veteran's appeal for service connection for inflammation of the ciliary body was dismissed as he did not file a timely Substantive Appeal.

The Board has remanded the case to allow for agency of original jurisdiction (AOJ) consideration of newly submitted evidence related to the veteran's claim for service connection for residuals of a head and neck injury.

The case is being remanded for a DRO hearing and further development. The issue of service connection for the cause of death remains under appeal.

The Board denied the veteran's claims for increased evaluations for his postoperative hiatal hernia and ventral hernia, finding that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.