Other conditions decisions — 2009

The Veteran's service-connected residuals of fracture of the left fifth toe are currently rated as noncompensable due to lack of evidence showing moderate foot injury or malunion/nonunion of tarsal/metatarsal bones. The Board finds that a compensable evaluation is not warranted.

The Veteran's service-connected residuals of a mitral valve replacement are currently rated at 30 percent, and the evidence does not support an increase to a higher rating.

The Veteran's death was not related to his active duty service, and he was not evaluated as permanently and totally disabled due to service-connected disabilities. Therefore, the criteria for eligibility for educational assistance under Chapter 35 have not been met.

The Veteran's service-connected chalazia of both eyes is currently rated as 10 percent disabling. The Board finds that the Veteran does not meet the criteria for a higher rating, as there are no current chalazia or residuals from the history of chalazia removal.

The Board found that the overpayment was validly created and not due to fraud, misrepresentation, or bad faith. The Veteran's fault in creating the overpayment is acknowledged, but it does not result in a denial of waiver as recovery would be against equity and good conscience.

The VA determined that the veteran's chronic liver disorder is not service-connected, as there is no evidence to support a connection between his in-service activities and his current condition.

The Board has determined that the Veteran's currently diagnosed bilateral hand disorder is not related to his military service or Agent Orange exposure, and thus denied his claim for service connection.

The Board has determined that the original grant of service connection for residuals of thoracic fusion with scoliosis was clearly and unmistakably erroneous due to pre-existing disability, and thus severed service connection. The Veteran's claim is now considered as if the April 27, 2009 decision had never been issued.

The VA determined that there is no current gastrointestinal disability and thus denied the Veteran's claim for service connection.

The Board has remanded the case due to the need for additional evidence regarding the Veteran's claimed heat stroke and its relationship to her military service.

The Board has determined that the appellant's net worth is not excessive for purposes of receiving nonservice-connected VA death pension benefits.

The Board has determined that the Veteran had residuals of malaria during service, which contributed to his atrial fibrillation and congestive heart failure. The appellant's claim for dependency and indemnity compensation benefits is also granted.

The Board found no evidence of a current disability related to service and denied the Veteran's claim for service connection.

The Veteran's service-connected DeQuervain's tenosynovitis of the right wrist is currently rated at 10 percent, and the evidence does not support a higher rating based on limitation of motion or other factors.

The Board has decided to remand the case for additional development due to outstanding records that may support the Veteran's claim of service connection for vascular disease.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's respiratory disorder is related to service exposure and whether he was exposed to asbestos during service.

The Board found that the fault of VA far outweighed the Veteran's fault in creating the overpayment and granted a waiver of recovery for $3487.00.

The Veteran's claim for non-service-connected pension was denied as his income exceeded the maximum allowable pension limit.

The Veteran's gout of the lower extremities, right knee strain, and lumbar spine disorder are all rated at their maximum allowable levels under applicable diagnostic codes.

The Board has granted service connection for papules of the forearms and insomnia and fatigue due to an undiagnosed illness, finding that new and material evidence has been received.