Other conditions decisions — 2009

The motion for revision of the March 25, 1988 Board decision based on clear and unmistakable error was dismissed without prejudice to refiling.

The Board concluded that an overpayment of $2,147.50 for education benefits was properly created due to the Veteran's actual attendance being less than reported.

The appeal is remanded to the RO for additional development, including a new VA examination.

The Board found that the Veteran's cause of death, adenocarcinoma of the lungs, was not related to his military service and denied entitlement to service connection for the cause of the Veteran's death.

The appeal is remanded for additional development, including a medical opinion regarding the relationship between the Veteran's digestive system disorders and his service-connected PTSD.

The Board denied service connection for the cause of the veteran's death, finding no evidence that a disability incurred in or aggravated by active service caused or contributed substantially to his death.

The Board found that the preponderance of evidence is against the claim for service connection for a gastrointestinal disability manifested by stomach cramps.

The Board remands the claim for further development to obtain legible charts depicting the veteran's loss of field vision or to provide a new examination.

The Board denied the appellant's claim for Dependency and Indemnity Compensation (DIC) under 38 U.S.C.A. § 1318, as the Veteran was not continuously rated as totally disabled for a period of 10 or more years immediately preceding his death.

The Veteran's claim for the overpayment of $2,713 in VA disability compensation benefits due to 'fugitive felon' status from November [redacted], 2002 until July [redacted], 2003 was improperly terminated.

The appeal was denied as new and material evidence was not presented to reopen the claims for painful joints, a disability manifested by change of heart beat, and an increased rating for diabetes mellitus. The Veteran's service-connected diabetes mellitus was treated with a restricted diet prior to August 11, 2006, and there is no evidence that it required insulin treatment.

The veteran's claims for specially adapted housing and special home adaptation were denied as he did not meet the criteria for service-connected disabilities that would qualify him for such assistance.

The Board found that the preponderance of the evidence is against entitlement to service connection for heart murmur, as it was determined that the condition was a congenital defect not aggravated by active service.

The Board granted service connection for insomnia, finding that the Veteran's current condition is related to his military service.

The appeal is remanded to obtain additional medical records and for a VA examination to determine if the Veteran's current right foot disability is related to an in-service injury.

The Board denied service connection for sexually transmitted diseases, endometriosis and bilateral hand tremors as due to an undiagnosed illness. The initial ratings for various disabilities were also denied.

The veteran withdrew his appeal for an increased rating of his service-connected right inguinal hernia.

The veteran is entitled to a compensable rating of 10 percent for residuals of a left inguinal hernia repair, as he has recurrent left scrotal pain and swelling requiring a belt.

The veteran's healed fracture of the fourth metatarsal, right foot, was not found to have any residual deficits and did not warrant a compensable evaluation. The veteran does not have Achilles tendonitis related to her period of active service.

The appeal is remanded to the RO for scheduling a hearing due to the Veteran's incarceration.