Other conditions decisions — 2011

The Board has determined that the Veteran does not have a service-connected eye disability, as his vision is diagnosed as refractive error.

The Veteran's service-connected residuals of a shrapnel wound to the left buttock do not meet any criteria for a compensable disability rating under VA regulations.

The Veteran's claim for service connection for heart disability manifested by atrial fibrillation is denied as there is no evidence of such condition during his period of active duty or reserve duty. The claim for TDIU is granted effective from June 11, 2006.

The Board has determined that the Veteran's eldest daughter is eligible for Dependents' Educational Assistance (DEA) benefits prior to July 1, 2007, specifically from when she turned 18 on January [redacted], 2006.

The Veteran's appeal is remanded due to a procedural deficiency in VCAA notice and the need for additional medical opinions regarding service connection for pancreatitis as secondary to diabetes mellitus with peripheral neuropathy of the lower extremities.

The Board has determined that further development is needed to address the Veteran's claim for service connection for arthritis, including whether it arose during service or is etiologically related to her military service. The Veteran also maintains that her arthritis may be secondary to her service-connected posttraumatic stress disorder (PTSD).

The Veteran's death was not recognized as a surviving spouse for VA benefits due to the appellant being legally divorced from the Veteran at the time of his death and not establishing a deemed valid marriage prior to his death.

The Board has determined that a remand is necessary to evaluate the current severity of the Veteran's left hip disability and obtain any relevant VA treatment records. The reduction from 20 percent to 10 percent for his service-connected left hip lateral abnormality with resultant traumatic arthritis will be reconsidered.

The Board has determined that the validity of the overpayment debt must be addressed before considering the Veteran's request for a waiver of recovery of an overpayment of pension benefits. The case is therefore being remanded to conduct a proper audit and determine if the overpayment was properly created.

The Veteran's appeal is remanded due to the need for clarification of his military service and a hearing before an RO Decision Review Officer.

The Veteran's eligibility for educational assistance benefits for vocational flight training initiated in June 2009 was denied due to not meeting the required medical certification on the first day of training.

The Board has remanded the case due to inadequate reasons or bases for its determination that VA satisfied its duty to assist in the development of the appellant's claim for service connection for the cause of the Veteran's death. The appeal is now pending with the RO.

The Board has determined that the Veteran's current basal cell carcinoma is likely due to his sun exposure during his military service, and thus grants service connection for this condition.

The Board denied the Veteran's request for a disability rating in excess of 20 percent for his residuals of a gunshot wound with fracture of left ilium and damage to muscle group XVII, finding that the current 20 percent rating adequately reflects the severity of his condition.

The Veteran's service-connected pterygium of the right eye does not render him unemployable, as he can still perform his usual occupation despite this condition.

The Board has ordered additional development due to the need for VA medical records and SSA disability/SSI benefits records. The claim will be reconsidered after these records are obtained.

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

The Board denied the Veteran's claims for increased ratings for his service-connected right elbow and hand shrapnel wounds, finding that the disabilities did not warrant evaluations in excess of the current 10 percent ratings.

The Veteran's duodenal ulcer was rated at 40 percent from September 19, 2005 to August 21, 2008 and increased to 60 percent effective August 22, 2008. The claim for a total disability evaluation based on individual unemployability is addressed in the REMAND section.

The appellant has withdrawn their appeal of the claims for service connection for joint pain, muscle pain, and skin rash, all to include as a qualifying chronic disability under 38 C.F.R. § 3.317.