Other conditions decisions — 2009

The Veteran's overpayment of VA educational benefits was found to be valid due to a fraud scheme perpetuated by the Veterans enrolled at Ramon Magsaysay University in the Philippines.

The Board has determined that the Veteran's vision loss, including myopia, is developmental in nature and therefore not service-connected.

The Board has determined that the Veteran's neck disorder, manifested by chronic neck pain, is related to his service-connected TMJ with degenerative joint disease and grants service connection for this condition.

The Board found that the Veteran's right eye visual defect does not warrant a rating in excess of 10 percent, as his corrected central vision acuity has never been worse than 20/100 and there is no current visual field defect.

The Veteran's service-connected residuals of subtotal gastrectomy are manifested by moderate symptoms, including nausea, bloating, cramping, abdominal discomfort, diarrhea, weakness, fatigue and dumping syndrome. The condition is not shown to be manifested by hypoglycemic symptoms, weight loss, malnutrition or anemia.

The Board found no evidence of a connection between the appellant's cataract and his service, and denied his claim.

The Board found that the Veteran's right hip disorder, diagnosed as right piriformis syndrome and previously service-connected for right hip tendinitis, does not warrant an evaluation in excess of 30 percent.

The Board found that there is no evidence linking gouty arthritis of the left knee to service, and denied the Veteran's claim.

The Board has remanded the case for further development, including a VA examination to determine if any current bilateral arm injury residuals are related to service.

The Veteran's appeal includes claims for service connection for ulcers and papular urticaria with lymphohistiocystic symptomatology, as well as a claim to increase his skin disorder rating. He also seeks an earlier effective date for the grant of service connection for a skin disorder and challenges the December 1970 decision denying such service connection.

The Board denied service connection for dental trauma and granted a 20 percent evaluation for intractable sural nerve entrapment syndrome, left ankle.

The Veteran's appeal is being remanded for further development, including a VA examination to determine if his ductal carcinoma (breast cancer) is related to his military service. The issue of service connection will be reconsidered after the additional development.

The Board has determined that the Veteran's loss of vision in his left eye was not caused by VA medical treatment, and therefore compensation benefits under 38 U.S.C.A. § 1151 are denied.

The Board has granted a rating of 70 percent for dysthymic disorder and found that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, granting TDIU.

The Board found that there is no evidence of current diagnosed bilateral disabilities of the legs and insufficient medical evidence to establish a relationship between any such disabilities and service. As a result, the Veteran's claim for service connection was denied.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for TMJ articulation, with limited motion.

The Board has remanded the case to obtain surgical records from a craniotomy performed in 1981 and to determine if the Veteran has additional disability as a result of this procedure. The case will be reconsidered after these actions.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or due to being housebound has been dismissed as the appellant died during the appeal process.

The Board has determined that the reductions of SMC for aid and attendance were proper based on hospitalizations at VA expense.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that his service-connected disabilities did not contribute to his death. The RO previously denied the claim in a June 2004 decision and the Board affirmed this denial in May 2006.