Other conditions decisions — 2008

The Board has determined that the veteran's failure to notify VA of his incarceration did not constitute bad faith, and that recovery of the overpayment would be against equity and good conscience. The decision grants a waiver in the recovery of an overpayment of $5,636.24.

The Board has denied service connection for urinary incontinence and a right foot condition, finding no evidence of an inservice event, injury or disease related to these conditions.

The appeal is being remanded due to the appellant's request for a Board hearing at a local VA Regional Office. The RO should contact the appellant and schedule him for the type of personal hearing he has requested.

The U.S. service department has certified that the appellant's deceased spouse had no service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces.

The VA has determined that the veteran's chronic tonsillitis, which causes occasional hoarseness and mild symptoms such as painful swallowing and a dry throat, does not warrant an increased disability rating.

The veteran's onychomycosis of the fourth and fifth nails has been evaluated as noncompensable, but her claim for an increased evaluation is denied.

The Board denied the veteran's claim of service connection for a right eye disability, finding no new and material evidence to support his claim. The Court upheld this decision.

The veteran claims his recurrent nightmares are due to service in Vietnam. The VA has ordered an examination to determine the nature and etiology of his symptoms, including PTSD.

The Board found that the veteran's cause of death, which was a possible pulmonary embolism due to or as a consequence of ALS, did not occur in service and is unrelated to any service-connected disability. The claim for service connection for the cause of death is denied.

The Board has denied the appellant's claims of service connection for cause of the veteran's death and eligibility for non-service connected death pension benefits, finding that no new and material evidence was submitted to reopen these claims.

The veteran seeks service connection for a heart condition, specifically atrial fibrillation. The Board has remanded the case due to incomplete records and needs further development.

The veteran's appeal for reimbursement of medical expenses has been dismissed due to his death.

The veteran's right-hand disability, characterized by post-traumatic arthritis and resulting pain and functional limitation of the little and ring fingers, does not meet the criteria for a higher rating than 10 percent.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA death benefits purposes due to her divorce from the veteran and lack of a valid marriage, despite her claims of continuous cohabitation.

The Board found that the veteran's Legg-Calv�-Perthes disease existed prior to service and was not aggravated during his period of active duty. As a result, the claim for service connection is denied.

The case is remanded for a VA medical examination to determine the nature, severity, and etiology of residuals from an inservice fracture of the left fifth finger. The examiner must provide opinions regarding whether any symptoms are related to the inservice injury and if there are radiological findings of arthritis in the left fifth finger.

The Board determined that the appellant is not eligible for VA death benefits as a child of a veteran due to his father's lack of recognized military service and his own age.

The Board has determined that the effective date for granting service connection for aphakia of the right eye should be July 7, 1967. The veteran's initial claim was filed in 1967, and the RO denied it in 1974 due to an incorrect zip code used in notification. However, the Board finds that the effective date is July 7, 1967 based on the filing of the claim.

The Board has denied service connection for the cause of the veteran's death due to lack of evidence showing a causal link between his service-connected disabilities and his death. The claim for negligence in terminal care under 1151 was not addressed.

The veteran's claim for vocational rehabilitation benefits under Chapter 31 was denied due to the expiration of her eligibility period and a lack of a serious employment handicap. The case is being remanded for further review based on current legal authority.