Other conditions decisions — 2008

The veteran's appeal for a waiver of an overpayment of compensation benefits has been dismissed due to his death.

The Board denied an increased rating for the veteran's service-connected shrapnel wound to the left thigh, finding that his symptoms are no more than moderate in degree and do not warrant a higher evaluation.

The Board found that the veteran's right knee disability, diagnosed as patellofemoral syndrome and chondromalacia, did not meet the criteria for a compensable rating under any applicable diagnostic codes. The evidence showed full range of motion with no limitation of motion or instability.

The appellant is not eligible for DIC benefits as she was not legally married to the veteran at the time of his death.

The Board has denied the claim for service connection for cause of death due to lack of evidence showing a direct link between the veteran's service-connected conditions and his death. The DIC claim under 38 U.S.C.A. § 1318 was also denied as there is no evidence that the veteran had been continuously rated totally disabled by reason of service-connected disabilities for at least ten years immediately preceding his death.

The Board has determined that the veteran's jaw disability is not service-connected, as it was a congenital defect pre-existing her military service. The VA dental examination and other evidence do not support an aggravation of this condition during active duty.

The VA denied an increased rating for the veteran's service-connected fractured right femur, currently rated at 20 percent.

The Board has remanded the case for further development, including an examination by a fee-basis ophthalmologist to determine the cause of all loss of vision in the right eye and whether the post-service retinal detachment was related to the service-connected condition.

The veteran was overpaid $3,210.00 in VA compensation benefits due to a late notification of his son's withdrawal from school and termination as a dependent. The Board found that the veteran was at fault for not notifying VA promptly, but waived recovery is denied because repayment would not result in undue financial hardship.

The VA determined that the veteran's current psychiatric disorder, diagnosed as dementia, did not arise in service or pre-exist service and was not permanently worsened therein. The evidence does not support a finding of service connection.

The case is being remanded for scheduling a Travel Board hearing before a Veterans Law Judge at the North Little Rock, Arkansas, RO. The veteran requested a new hearing due to the same judge conducting his previous hearings no longer being employed by the Board.

The Board denied service connection for residuals of back injury, finding that the veteran's current low back condition is not related to his military service.

The Board denied service connection for a chronic urinary disorder, sexual impotence, and psychiatric disability. The veteran's claims were based on direct service connection rather than secondary or presumptive service connection.

The veteran died from angiocarcinoma and the appellant is seeking service connection for this cause of death, claiming it was secondary to exposure to ionizing radiation during World War II. The case has been remanded due to incomplete information.

The veteran's income exceeds the maximum allowable pension rate for a veteran with one dependent, thus denying his claim for nonservice-connected disability pension.

The Board has remanded the case for additional development, including obtaining VA medical opinions and securing private treatment records. The veteran's claim will be reconsidered after these actions.

The Board has determined that additional development is required in the case due to a lack of recent medical opinions regarding the veteran's need for aid and attendance or being housebound. The case will be remanded for further examination and review.

The veteran's claim for an increased evaluation of his service-connected residuals of injury, MG XI, left is being remanded due to inadequate VCAA notice and the need for a new examination.

The Board has determined that a VA examination is needed to determine the nature and etiology of the veteran's claimed degenerative spine disability, including whether it is related to her service-connected bilateral foot disabilities. The appeal will be remanded for this purpose.

The Board denied the veteran's claims for increased ratings for duodenal ulcer and a fractured nasal bone, finding that the evidence did not support an increase in disability rating.