Other conditions decisions — 2009

The Board has determined that the appellant does not meet the criteria for special monthly pension based on the need for regular aid and attendance. However, she is found to be permanently housebound by reason of disability and thus qualifies for special monthly pension at the housebound rate.

The Veteran's service-connected status post right knee arthroscopy is manifested by evidence of a meniscal tear with frequent episodes of locking, pain, and effusion. The criteria for a 20 percent disability evaluation have been met.

The Board has determined that the Veteran does not have a current right hip disorder and therefore, service connection for this condition is denied.

The Veteran's pension benefits were terminated due to his status as a fugitive felon, effective October 4, 2002. The overpayment of $49,998.40 in compensation benefits was also denied.

The appellant is not eligible for VA nonservice-connected pension benefits as his service does not qualify under the law.

The Board has denied the Veteran's claim for service connection for periodontal disease, as VA compensation is not payable for this condition.

The Veteran's claim for service connection for alcoholism was denied as a matter of law due to the prohibition on direct service connection for alcohol or drug abuse based on claims filed after October 31, 1990.

The Board has requested an independent medical expert opinion and is now remanding the case for further consideration of the claim, including the additional evidence submitted by the appellant.

The Veteran's appeal has been dismissed due to his death.

The Board found no evidence of mustard gas or Lewisite exposure, and the Veteran's current porphyria cutanea tarda was not linked to service. The claim for service connection is denied.

The Board has determined that the Veteran's income is not excessive for nonservice-connected VA pension purposes, and thus grants his appeal.

The Veteran's appeal is being remanded due to the need for a VA examination and further development of his claims. The issues include service connection for residuals of a right tibia and fibula fracture, and nonservice-connected pension benefits.

The Board has determined that the Veteran's mother does not meet the criteria for additional compensation as her income exceeds $400 per month. The issue of service connection for a skin disability to include as due to herbicide exposure is remanded for further action.

The Board has denied the Veteran's request for a waiver of overpayment of VA compensation in the amount of $54,613.21.

The Board has determined that the Veteran does not have a compensable dental disorder of the maxilla resulting from service trauma, and thus is not entitled to service connection for compensation or VA outpatient dental treatment.

The Veteran's right eye pterygium and associated dry eye syndrome are currently rated at 10 percent, the highest possible under current VA rating criteria. The condition does not meet any other diagnostic codes for separate ratings.

The Veteran's claim for a rating in excess of 10 percent for his left knee/thigh disability due to a gunshot wound was denied. The Veteran is currently rated with a 10 percent evaluation for traumatic arthritis of the left knee.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's squamous cell carcinoma is related to service and herbicide exposure.

The Veteran's generalized xerosis and serpinginous rash is related to his active service, and the Board has granted service connection for these conditions.

The Veteran's service-connected hiatus hernia is currently rated at 60 percent, and the evidence does not meet the criteria for a higher rating.