Other conditions decisions — 2008

The veteran is entitled to a waiver of the overpayment of VA disability compensation benefits in the amount of $6,249.37, plus accrued interest.

The Board denied the appellant's claim to be recognized as the surviving spouse of the veteran, finding that she was not a party to any settlement for divorce with the veteran and her arguments were essentially cumulative.

The veteran's claim for an initial compensable evaluation for genital herpes is remanded due to the need for further examination and clarification of his treatment history.

The Board found no evidence of a current left eye disorder and denied the veteran's claim for service connection.

The Board has remanded the case due to inadequate notice provided to the appellant regarding her DIC claim based on a previously service-connected condition.

The Board has granted service connection for right piriformis syndrome and assigned a 30 percent rating, effective from January 31, 2004. The veteran is seeking an evaluation in excess of this initial rating.

The Board found that the veteran's death from glioblastoma multiforme is not related to service or exposure to ionizing radiation, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's only eye impairment is refractive error, including presbyopia. Vision loss due to refractive error is precluded by VA regulations.

The veteran's appeal is remanded for additional development, including obtaining medical records and arranging for VA examinations to assess his service-connected eczema and unconnected arthritis. The issues of entitlement to an increased rating for eczema and service connection for arthritis are also addressed.

The veteran's service-connected bilateral keratoconus, status-post corneal transplant of the left eye was initially rated noncompensable from May 1, 2004 to June 13, 2007 and then rated 10 percent from June 14, 2007. The veteran's appeal is for a higher rating.

The Board found that the appellant's cardiovascular disorder was not incurred or aggravated by his military service and denied the claim.

The Board denied the veteran's claims for an increased rating for his service-connected gunshot wound, left arm and denied a claim for special monthly compensation based on need for regular aid and attendance or by reason of being housebound.

The veteran's claim for reimbursement of $525 cost for taking the Oregon Bar Examination was denied as it was received more than one year after the examination.

The Board has remanded the case for additional development due to allegations of radiation exposure and asbestos exposure, as well as a need to clarify the veteran's service connection claims.

The Board has denied the veteran's application to reopen his claim for service connection for a left elbow disability, finding that the evidence received since the February 1970 rating decision is cumulative and redundant of evidence at the time of the previous denial.

The Board finds that the veteran does not have blindness as a result of VA treatment for heart surgery in June 2001, and thus is not entitled to compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's death was not caused by or substantially contributed to by a disability incurred in or aggravated by his military service, and thus denied the claim for DIC benefits.

The Board denied the appellant's application to reopen a previously denied claim of legal entitlement to VA death benefits, finding that new and material evidence had not been submitted.

The veteran's claim for payment or reimbursement of medical expenses incurred at a non-VA facility for a nonservice-connected disability was denied as the veteran had insurance coverage under AARP, which provided partial payment.

The Board found that the appellant was not entitled to recognition as the veteran's surviving spouse due to her divorce from the veteran prior to his death, and thus denied the claim.