Other conditions decisions — 2009

The Board has determined that the Veteran does not have a residual right thumb disability related to his active service and therefore denied his claim for service connection.

The Board found that the Veteran's current respiratory condition is not related to his service and denied his claim for service connection.

The Veteran's request for a waiver of recovery of an overpayment of VA disability compensation benefits in the amount of $3,741.00 was denied by the Board as the debt was validly created and recovery would not be against equity and good conscience.

The Board denied increased ratings for the Veteran's service-connected hearing disability and otitis media, purulent, of the right ear. A separate rating of 10 percent was granted for recurrent tinnitus associated with the service-connected right ear otitis media.

The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence to support a link between any service-connected disability and his fatal conditions.

The Board determined that the appellant's discharge from service was under dishonorable conditions, thus constituting a bar to entitlement to VA benefits.

The Veteran's appeal is being remanded due to the need for additional evidence from the Social Security Administration (SSA). The issue of entitlement to a total disability rating based on individual unemployability remains pending.

The Veteran's visual disability was not incurred in service and is unrelated to service. The Board denied the claim for service connection.

The Board has determined that there is no current evidence of an eye disability, and thus the Veteran does not meet the criteria for service connection.

The Board has reopened the previously denied claim for service connection for discoid lupus erythematosus and granted it. The Veteran's current condition is considered to be related to his period of active military service.

The appellant is not recognized as the Veteran's surviving spouse for VA death benefits due to her remarriage after January 1, 1971.

The Veteran's service connection claim for a scalp rash is granted, as the evidence supports that it was incurred in service.

The Board has determined that the additional evidence received since the last final denial of service connection for a respiratory disorder in January 2003 is not new and material, and therefore does not support a reopening of the previously denied claim.

The Veteran's service-connected residuals of anterior bilateral tibial stress fractures are currently rated at 10 percent each, but no higher. The pain in the knees is noted after running or extended periods of walking or standing.

The Veteran's claim for service connection for a dental disorder, including as secondary to his diabetes and due to herbicide exposure, is being remanded for additional development.

The Veteran's death was caused by esophageal adenocarcinoma, which is not service-connected. The claim for dependency and indemnity compensation based on a service-connected disability is also denied.

The Board has dismissed the appeal due to the death of the appellant.

The Board has remanded the case for further development due to incomplete medical records and clarification on whether the appellant wants a hearing.

The Veteran's custodian, the appellant, is seeking apportionment benefits on his behalf. The appeal is currently in a remanded status due to procedural issues with contested claims procedures.

The Board found that the Veteran's current dental condition is not related to his in-service injury and thus denied service connection for dental trauma, including loss of teeth.