Other conditions decisions — 2009

The Board has determined that the Veteran's service-connected disabilities, specifically the residuals of fractures to the left tibia and fibula and the left femur, substantially or materially contributed to his death due to drowning. As such, service connection for the cause of the Veteran's death is granted.

The Board has determined that the contested claims procedures have not been fully met, and thus the case is being remanded for further action.

The Veteran's PTSD has been rated at 70 percent, reflecting significant occupational and social impairment.

The appellant is not entitled to accrued benefits as the Veteran did not have a pending claim for non-service-connected pension benefits at the time of his death.

The Board has decided to remand the case for further action, including scheduling a travel board hearing.

The Board found that the Veteran's death was not caused by VA care or treatment, and denied DIC benefits under 38 U.S.C. § 1151.

The Veteran's service-connected blindness in the left eye and macular degeneration in the right eye are not shown to warrant a schedular rating higher than 90 percent. The Board also finds that the Veteran is unemployable due to his visual impairment, thus granting a TDIU rating.

The Board found that the Veteran's residuals of stroke are not related to his service, and thus denied his claim for service connection.

The Board has determined that the appellant's claim for payment of unauthorized medical expenses under 38 U.S.C.A. § 1725 must be remanded due to insufficient evidence regarding whether a VA facility was available, if the Veteran was enrolled in the VA system at the time of treatment, and if he received medical services within the 24-month period preceding such treatment.

The Veteran's failure to promptly report changes in the status of his dependents resulted in an overpayment. The Board found that the Veteran was primarily at fault for failing to report as requested, despite receiving advice from VA employees to delay reporting until his divorce was final.

The Board has granted service connection for fibrocystic breast disease. The issue of entitlement to service connection for dysthymia is remanded.

The Veteran's claims for increased ratings and earlier effective dates were denied as the evidence did not show that his varicose vein disability had increased in severity to a degree commensurate with the criteria for a higher evaluation of 10 percent or more within one year prior to September 10, 2002.

The Board has remanded the case for further development and readjudication under appropriate diagnostic codes, including DCs 7319 and 7346.

The Veteran's service-connected pterygium of the right eye is not shown to be manifested by an impairment of central visual acuity worse than 20/60 in that eye or any active manifestations or related disfigurement. As a result, he does not meet the criteria for a compensable evaluation.

The Board has ordered a remand due to insufficient examination, and the case is returned for further development.

The Veteran's right middle finger disorder was incurred in service and the Board has granted service connection for this condition.

The Veteran's muscle injuries to both buttocks are rated at 10 percent, the maximum rating available under DC 5317. The Board found that his disabilities do not meet or approximate criteria for a higher rating.

The Board has determined that the Veteran's right leg disability, including atrophy of the right calf, was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected disease or injury.

The Board found that the Veteran's overpayment was validly created due to his status as a fugitive felon, and denied the waiver of recovery of the $9,814.34 overpayment.

The Veteran's claim for service connection for basal cell carcinoma was denied as there is no current diagnosis of the condition.