Other conditions decisions — 2009

The Veteran's overpayment of VA pension benefits was properly created due to his failure to report his Social Security disability payments, and he is not entitled to a waiver of recovery.

The Board finds that the Veteran's keratoconus did not have its onset during service and is not causally related to his active service. Therefore, service connection for keratoconus is denied.

The Board denied service connection for a disability of the upper legs and secondary service connection for cervical spine disorder and organic mood disorder to right knee and lumbar spine disabilities. The appellant did not meet the criteria for these claims.

The Board has determined that the Veteran's bilateral visual field deficits are proximately due to or the result of his service-connected diabetes. The decision grants service connection for this condition on a secondary basis.

The Board denied service connection for the cause of the Veteran's death in December 1995, finding no new and material evidence to support reopening the claim. The current evidence does not link any of the service-connected conditions to the Veteran's death.

The Veteran's income for the year 2003 exceeded the VA National Means Test threshold, making him ineligible for cost-free VA health care. The appeal is denied.

The Board has remanded the case due to scheduling issues for a hearing at the Louisville, Kentucky RO. The appeal is not about service connection and remains in the process of being addressed.

The Veteran's claim for compensation under 38 U.S.C. § 1151 and SMC based on the need for aid and attendance was denied as there is no evidence showing VA fault in misdiagnosing cancer of the penis, leading to its natural progression.

The Board has determined that the Veteran's delusional disorder is related to his service, specifically his involvement with OSI investigations. The claim for service connection is therefore granted.

The Board has determined that the Veteran's death was not related to his military service and denied all claims, including DIC benefits under 38 U.S.C.A. § 1318, non-service-connected death pension eligibility, and accrued benefits.

The Veteran's ALS is presumed to have developed as a result of his active service, and the Board grants service connection for the cause of the Veteran's death.

The Veteran's appeal for an initial rating higher than 10 percent for residuals of left leg varicose veins and severe peripheral venous insufficiency has been withdrawn.

The Board denied the appellant's claim for basic eligibility for VA death benefits as the decedent did not have qualifying military service.

The Board found that the Veteran's Charcot-Marie-Tooth disease pre-existed service and was aggravated by military service, leading to a grant of service connection.

The Veteran's service-connected left thumb disability is currently rated as 10 percent disabling, but the RO must clarify and correct this rating decision to ensure consistency with previous determinations.

The Board has found new and material evidence to reopen the Veteran's claim of service connection for a cicatrix of the right axilla, which was previously denied in June 2000. The Veteran testified that his pre-service scar worsened during military service.

The Board has granted service connection for traumatic joint disease and an un-united avulsion adjacent to the medial malleolus of the left ankle, finding that these conditions are due to a left ankle injury incurred in service.

The veteran developed nerve entrapment syndrome involving fibers of the right anterior femoral cutaneous nerve as a result of his right inguinal hernia surgery in August 1991. The condition was not caused by VA fault and is considered a reasonably foreseeable consequence of such surgery. However, there is no evidence of any back or leg disability resulting from this surgery.

The Board has denied service connection for acute myelogenous leukemia with myelodysplastic syndrome, multiple cytogenic abnormalities, and colon cancer as secondary to exposure to herbicides for the purpose of accrued benefits. The claim for the cause of death was also denied.

The appellant's bad conduct discharge constitutes a bar to VA healthcare benefits under Chapter 17, of title 38, United States Code.