Other conditions decisions — 2008

The veteran's varicose veins in both lower extremities are currently evaluated as 10 percent disabling. The evidence does not support a higher rating due to the absence of persistent edema, stasis pigmentation, or eczema.

The Board has determined that the veteran's service-connected patellofemoral syndrome of the right knee does not warrant a higher initial disability rating, as her range of motion was full and there is no evidence of arthritis or instability.

The Board has granted a waiver of the recovery of $430 from an overpayment of compensation benefits, finding that it would not be against equity and good conscience.

The Board denied the veteran's claim for vocational rehabilitation training due to a finding that he does not have an employment handicap, and therefore is not eligible for such benefits.

The appellant is denied Dependents' Educational Assistance (DEA) under Chapter 35, Title 38, of the United States Code because she has already reached the age of twenty-six before applying for benefits and her father was determined to be permanently and totally disabled after she had attained this age.

The Board has restored the previously assigned 30 percent disability rating for the service-connected residuals of a corneal laceration of the left eye, as the reduction to a 10 percent rating was void ab initio due to procedural errors.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical services provided on June 24, 2005 due to lack of prior authorization and failure to meet the criteria for reimbursement under VA regulations.

The Board found no evidence of a cardiac disability during service or within one year after discharge, and the appellant's allegations were not credible. The cause of death was listed as coronary thrombosis, but there is no medical evidence linking this to service.

The Board has remanded the case for further development, including a VA examination and consideration of additional evidence.

The Board denied the claim for service connection for the cause of the veteran's death, finding that his heart disease did not have its onset during service or was related to his service. The Board also found that neither diabetes mellitus nor hearing loss were contributory causes of his death.

The veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The original claim was about entitlement to an effective date earlier than April 20, 1990, for special monthly compensation based on loss of use of the right eye with light perception only.

The veteran's appeal has been dismissed as he and his representative have expressed satisfaction with the grant of service connection for palindromic arthritis, which includes right foot disability.

The Board has granted a separate 10 percent rating for an injury to muscle group XIX - the muscles of the abdominal wall, addressing the veteran's claim for increased ratings. The remaining issues on appeal are referred to the RO.

The veteran's complaint of an ulcerated stomach is determined to be part and parcel of his already service-connected gastritis and erosive esophagitis, thus denying the claim for secondary service connection.

The Board has deferred the attorney's issue of whether he is entitled to a higher contingency fee amount pending the readjudication of the validity of an overpayment in the amount of $12,795.17 as a result of DIC benefits.

The Board denied service connection for gastrointestinal disability and sepsis as secondary to the veteran's service-connected left heel and sinusitis disabilities, respectively.

The Board has granted service connection for otitis media and residuals, left great toe injury. The veteran's increased rating claim for tinnitus is denied.

The Board has ordered a remand for further examination and review of the claim due to the veteran's failure to report for a VA examination, and because there is uncertainty regarding the relationship between his current left finger disability and service-connected disabilities.

The Board denied the veteran's claims for increased ratings for his service-connected right and left knee disabilities, finding that the criteria for higher ratings were not met based on the medical evidence provided.

The Board has remanded the case due to inadequate VCAA notice and will be reviewed for service connection of bilateral inguinal and ventral hernias, including as secondary to a service-connected condition.