Other conditions decisions — 2009

The Veteran's claim for an increased rating and service connection is being remanded due to the need for additional examination and consideration of new evidence.

The Board denied service connection for the cause of the Veteran's death, finding that no evidence supported a link between his military service and his fatal heart disease.

The Board has remanded the case for further development due to a need for an examination by a gastroenterologist.

The Veteran's left knee disability, specifically chondromalacia patella, has been rated at 10 percent since September 1989. The most recent rating decision in April 2009 continued this rating as the evidence does not support a higher evaluation.

The Board found that the appellant's request for a waiver of overpayment was not timely filed, and thus denied her request.

The Veteran's spouse and children received an apportionment of his VA disability compensation benefits. The Board found that the appellant provided reasonable financial support for her dependents, but granted a special apportionment due to hardship.

The Veteran's skin disorder of the feet and inner thighs was not shown to be related to his military service, including presumed Agent Orange exposure. The Board denied both the claim for service connection and the request for an increased rating.

The Board found that the appellant is not entitled to recognition as the Veteran's surviving spouse for VA benefits purposes due to a separation resulting from the appellant's intent to end the marriage and lack of mutual consent.

The Veteran's cocaine dependence is not attributable to his service-connected disabilities.

The Veteran's right thumb disability has been granted a 10 percent evaluation effective August 17, 2007.

The Board found that the Veteran's additional chronic right eye disabilities, diminished sense of smell and taste secondary to his right eye injury were not service-connected or due to a service-connected disability.

The Board found no CUE in the March 1949 rating decision and denied DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's overpayment of $345.00 was waived due to the lack of fault on his part and against equity and good conscience.

The Veteran's claims for increased ratings for calluses and bunions of the right and left feet, with claw toe deformity, are being remanded due to a lack of recent examination findings.

The Veteran's service-connected hyperkeratosis of the feet is currently rated at 30 percent, which meets the criteria for a higher initial evaluation. The other issues remain unresolved.

The Veteran's eye condition did not manifest during his active military service and is not a residual of an in-service eye injury. Therefore, the claim for service connection for residuals of an eye injury is denied.

The Board denied the Veteran's claims for service connection for residuals of a head injury and bilateral dry eye and convergence insufficiency, finding that new evidence did not raise a reasonable possibility of substantiating these claims. The claim for an increased rating for pes planus was also denied.

The Veteran's claim for an increased rating for left patellofemoral syndrome was denied, and her service connection claim for residuals of the Epstein-Barr virus (EBV) was also denied. The Board found that there is no evidence to support a higher disability rating or service connection.

The Veteran seeks service connection for radial nerve pain of the right arm. The Board has identified new evidence and issues that require further development, including obtaining pre-service medical records and VA examination to determine if current disability is related to service or service-connected conditions.

The Board denied the appellant's claims for an earlier effective date for service connection for the cause of her husband's death and eligibility for Dependents' Educational Assistance (DEA) benefits, both effective May 24, 1999.