Other conditions decisions — 2009

The Veteran's claim for basic eligibility for educational assistance benefits under Chapter 32, Title 38, United States Code is denied as there is no record of any unpaid contributions to the Veterans Educational Assistance Program (VEAP) account.

The Veteran is granted an effective date of December 30, 1980 for the award of a 10 percent evaluation for his service-connected varicocele of the left scrotal area with epididymitis and groin strain.

The Veteran's case was dismissed due to the appellant's death, as the Board has no jurisdiction to adjudicate the merits of this claim at this time.

The Veteran's appeal for an initial compensable rating for service-connected syphilis is being remanded due to the need for a lumbar puncture and further examination.

The Veteran's bilateral eye disorders, hyperopia and presbyopia, are considered to be developmental in nature and not disabilities subject to service connection under VA regulations.

The Board found that the Veteran does not have a current gastrointestinal disorder that was first manifest in service or within one year thereafter, and the current disorder has not otherwise been shown to be etiologically related to service. As such, the claim for service connection for a gastrointestinal condition is denied.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the Veteran's death, finding that new and material evidence had not been submitted.

The Board found that the overpayment was solely due to VA administrative error and thus granted a waiver of recovery.

The Veteran's fungal infection of the nails/skin disability is currently rated at 10 percent, effective November 24, 2004. The right thigh scar has been rated as noncompensable.

The Veteran's claim for increased ratings for residuals of a chip fracture of the left wrist with arthritis and separate rating for arthritis were denied by the RO. The Board also denied reopening his previously denied claim for service connection for psychiatric disability, as well as claims for right leg disability, neck disability, and headaches.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's phlebitis existed prior to service and if it was aggravated by service. The Veteran is also requested to be scheduled for a VA medical examination.

The Veteran's claims for increased ratings for left patellar tendon rupture and left hip disability were denied as the evidence did not meet the criteria for a higher rating under VA's rating schedule.

The Veteran's claim for restoration of a 40 percent disability rating for his service-connected L5-S1 status post fusion with degenerative changes is granted. The claim for an initial disability rating in excess of 10 percent for dermatome hypoesthesia of the right leg is withdrawn.

The Board denied the appellant's claim for basic eligibility for VA death benefits due to a lack of service in the United States Armed Forces.

The Board has remanded the case due to incomplete service personnel records and a need for further examination.

The Veteran's fibrous pleurisy, residual pneumonia, with partial ninth rib resection, is currently rated at 60 percent disabling. The post-operative scars of the right chest and axilla are rated at 10 percent. These ratings have been granted.

The Board found that the Veteran's dilated cardiomyopathy is not due to disease or injury incurred in service, and denied his claim for service connection.

The Board has determined that the reduction of the Veteran's disability rating for right eye blindness with prosthesis from 40 percent to 20 percent was proper, and he is not entitled to restoration of the 40 percent rating.

The Board has found new and material evidence to reopen the claim for recognition as the surviving spouse of the veteran. The appellant's status as a valid marriage is established, despite previous claims of infidelity.

The Board finds that the Veteran's memory loss is due to an undiagnosed illness resulting from his service in the Persian Gulf War, and grants service connection for this condition.