Other conditions decisions — 2009

The Board has determined that an effective date of April 1, 2004 is warranted for the appellant's entitlement to DIC under the provisions of 38 U.S.C.A. � 1151.

The RO denied the appellant's claim for service connection for the cause of the Veteran's death in April 2002, and again in October 2002. The decision is final as no appeal was filed.

The Board is remanding the claim to the RO for further development and consideration due to the need for a medical opinion regarding the etiology of the Veteran's right ear disorder.

The Board denied the Veteran's claim for a waiver of recovery of an overpayment of VA improved pension benefits, finding that additional information was needed to determine the nature of this debt.

The appellant's income exceeds the statutory limits for entitlement to death pension benefits, and thus she is not legally entitled to these benefits.

The Veteran's right leg amputation is being remanded for further examination to determine if it was caused or aggravated by his service-connected right knee disability.

The Board has determined that the Veteran's disability manifested by memory loss is etiologically related to his service-connected chronic depression and anxiety, and thus grants service connection for this condition on a secondary basis.

The Veteran's appeal for a total rating for compensation purposes due to individual unemployability (TDIU) is being remanded by the Board of Veterans' Appeals.

The Board has determined that the Veteran's bilateral epicondylitis of the elbows had its onset during service and is related to his service, thus granting service connection for this condition.

The Board has granted a 70 percent rating for traumatic encephalopathy effective from the date of the remand, January 15, 2009.

The Veteran's request for a waiver of the debt created by overpayment of $21,953.00 in pension benefits was granted due to undue financial hardship and lack of fault on his part.

The Board has remanded the case for a decision on whether the appellant is entitled to a waiver of the overpayment not previously waived in the reduced amount of $4,786.00.

The Board found that the cause of the Veteran's death was cardiomyopathy caused by amphetamine use. The Board denied service connection for the cause of death as it is not established that PTSD from service caused or contributed to the Veteran's amphetamine use and subsequent death. The eligibility for dependent's educational assistance benefits under 38 U.S.C. Chapter 35 remains unknown.

The Veteran's pulmonary disorder, claimed as due to mustard gas exposure during service, was not found to be incurred or aggravated by service and may not be presumed to have been incurred in service.

The Veteran's claims for increased ratings and TDIU were denied. The initial noncompensable rating for the perforated right eardrum remains unchanged, as does the current 10 percent rating for ankylosis of the right middle finger. The claim for TDIU was also denied due to the Veteran's combined disability rating not meeting the threshold for individual unemployability.

The Veteran's joint pain is found to be due to an undiagnosed illness incurred during her service in the Southwest Asia Theater of operations. Her bilateral herpes keratitis, however, has not been shown to be related to active service and thus cannot be granted on a presumptive basis.

The claimant withdrew his appeal for education benefits, so the Board has dismissed the case.

The Veteran's claim for reimbursement or payment of unauthorized private medical expenses received from April 2 to 8, 2005 at the Southeast Missouri Hospital is being remanded due to inadequate development and need for a clinical opinion.

The Board has decided to remand the case for further development and consideration, including obtaining a copy of the Veteran's divorce order and custody record, providing the ex-spouse with copies of the statement of the case and content of the Veteran's substantive appeal and notice of disagreement, and requesting current financial status reports.

The VA determined that the appellant's ingrown toenails do not warrant a compensable disability rating as they do not meet the criteria for any of the applicable diagnostic codes.