Other conditions decisions — 2010

The Veteran's non-service connected pension benefits were terminated due to incarceration effective June 5, 1999. The Board is remanding the case for further action to determine the correct dates of incarceration and conviction.

The Board denied the Veteran's request for a waiver of recovery of overpayment of VA service-connected compensation benefits due to fraud on his part, resulting in forfeiture of all rights under VA laws.

The Veteran's claim for an increased rating in excess of 0 percent for a left eye disability is being remanded due to the need for additional development, including obtaining VA medical records and scheduling the Veteran for a new examination.

The Board has determined that the January 2003 rating decision denying service connection for dental trauma is final. New and material evidence has not been received to reopen either the compensation or treatment claims for dental trauma.

The Board denied the reopening of a previously denied claim for non-service-connected pension benefits due to lack of new and material evidence, as no service department determination was made regarding active duty during a period of war.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of the claims as he is no longer alive.

The Veteran's claim for service connection for residuals of a spinal injury is being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling the Veteran for an appropriate VA examination.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that new and material evidence was not submitted to reopen the claim of service connection for residuals of cold injuries to the feet. The claims for defective vision including cataracts, diabetes mellitus, arthritis of the hips, arthritis of the shoulders, peripheral neuropathy of the lower extremities, peripheral neuropathy of the upper extremities, and hypertension were all denied as not related to service or service-connected disabilities.

The Veteran's appeal was dismissed due to his death before a final decision could be made.

The Board dismissed the motion for revision of the May 2006 decision because the issue has already been decided by the Court.

The Board denied the Veteran's claims for increased ratings for his service-connected muscle disorder in the right calf and skin disorder on the chest, finding that the evidence did not support a compensable rating.

The Board denied the Veteran's claims for service connection of a gastrointestinal stromal tumor and temporary total evaluation under 38 C.F.R. § 4.29, finding no causal relationship between his claimed condition and his service-connected chronic duodenitis with hysteria.

The Board has determined that the appellant's income exceeded the maximum allowable rate for VA pension benefits, thus denying his claim to restore these benefits.

The Veteran's service-connected gunshot wound of the right arm did not meet the criteria for special monthly compensation based on need for regular aid and attendance or being housebound at the time of his death.

The Board has remanded the case to the RO for review of new evidence submitted by the Veteran. The claim will be reconsidered and a decision will be made based on this additional information.

The Veteran's bilateral hallux valgus with calluses and hammer toes is rated at 30 percent, effective October 26, 2004. The left clavicle fracture residuals are rated at 20 percent. TDIU was granted prior to October 26, 2004.

The Veteran's right thigh scar was characterized as 'deep' with an area of at least 12 square inches but not exceeding 72 square inches. The Veteran's service-connected residuals of a gunshot wound include a slight Muscle Group XIII injury, which warrants a separate noncompensable evaluation.

The appellant's right to receive VA benefits was found to have been forfeited due to rendering assistance to an enemy of the United States. As a result, he is ineligible for compensation from the Filipino Veterans Equity Compensation Fund.

The Veteran's claim for an initial disability rating in excess of 10 percent for service-connected nightmare disorder was denied. The Board found that the Veteran's nightmares did not meet the criteria for a higher rating as they were only productive of mild occupational and social impairment.