Other conditions decisions — 2009

The Board denied the claim for service connection for residuals of a left ear injury as there was no evidence that any current disorder was causally related to active service or was manifest in the first post-service year.

The Veteran's current right eye disability was not incurred in or aggravated by active service.

The appeal is remanded to the RO for further development of evidence and readjudication.

The recoupment of the Veteran's separation pay by withholding his VA disability compensation, in the after-tax amount of $16,005.01, is proper.

The Veteran's claim for an earlier effective date for the grant of a 90 percent disability rating for amputation, left upper arm, above insertion of deltoid was denied as there is no evidence showing that it is factually ascertainable that an increase in disability had occurred prior to April 16, 2004.

The Board dismissed the claim for an effective date earlier than February 10, 1981, for the assignment of a 100 percent schedular evaluation for schizophrenia as it found no legal merit to the appeal.

The appeal was dismissed due to the death of the appellant.

The claims for accrued benefits and reimbursement for expenses related to specially adapted housing were denied as a matter of law because the Veteran's application was pending at the time of his death and no certificate of eligibility had been issued.

The Board denied the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a left eye disability, as there was no evidence that the VA treatment resulted in additional disability or that the proximate cause of any additional disability was due to fault on the part of VA.

The appeal is remanded to verify if the Veteran received voluntary separation incentives under 38 U.S.C.A. § 3018B.

The overpayment of VA education benefits in the amount of $1,686.60 was properly created and is a valid debt.

The claims for a compensable disability rating for left and right leg shin splints are being remanded to obtain additional evidence.

The Veteran was denied eligibility for VA educational assistance benefits under Chapter 32, Title 38, United States Code due to her failure to contribute to the program during her active duty service.

The Veteran's right and left heel spurs were denied an initial compensable disability rating as the evidence did not demonstrate a moderate level of disability.

The matter of entitlement to permanent total disability status under 38 C.F.R. § 3.340(b) has been previously granted by the RO and, therefore, the matter is dismissed without prejudice to the appellant.

The appeal is remanded to the RO for scheduling a hearing before a Veterans Law Judge at the Oakland, California, RO.

The appeal is remanded to the Department of Veterans Affairs Medical Center (VAMC) for further development and adjudication.

The Veteran's claim for payment or reimbursement of unauthorized medical services provided by Bassett Hospital from March 24, 2007 to March 29, 2007 was denied because he had coverage under a health-plan contract (Medicare) that would pay in whole or part for the treatment.

The Board finds that additional development is necessary before a decision can be rendered with respect to the Veteran's claim for entitlement to service connection for benign essential tremors.

The Board denied service connection for the cause of the Veteran's death and entitlement to DEA benefits, as there was no evidence that the Veteran's pancreatic cancer was caused by his exposure to ionizing radiation during service.