Other conditions decisions — 2011

The Veteran's current legal blindness was not caused by or related to his service, including any exposure during a blizzard in Alaska. The VA examiner found the condition to be age-related and unrelated to service.

The Veteran's service-connected mitral insufficiency with history of rheumatic fever was not rated as totally disabling continuously since his discharge from service, and he did not meet the criteria for a total disability rating based on unemployability due to his disabilities. Therefore, DIC under 38 U.S.C.A. § 1318 is denied.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Albany Medical Center on July 14, 2007 is denied as the criteria for eligibility under VA regulations are not met.

The Board found no evidence of in-service incurrence or aggravation of a skin disorder of the forehead and/or skin lesions of the right cheek, and thus denied service connection for these conditions.

The Board finds that the appellant can be recognized as the surviving spouse of the Veteran for purposes of VA death benefits, given the mutual consent to separation and lack of fault on her part.

The Veteran's claim for an increased rating for his residuals of a left foot injury is being remanded due to the need for additional examination and consideration of new evidence.

The Veteran's claim for service connection for colon cancer, to include as secondary to Agent Orange exposure, is being remanded due to the need for a VA examination and additional development of his medical records.

The Board has determined that the Veteran's current gastrointestinal disorder is related to his military service, specifically his in-service gastroenteritis and ongoing symptoms since separation.

The Veteran is seeking service connection for cold injury-related conditions in both hands. The case has been remanded to obtain additional medical records and for further development.

The Board has determined that there is no evidence to support a finding of service connection for gout of the bilateral feet, as the Veteran's service treatment records are negative for any complaints or diagnoses related to this condition. The gap between his military service and diagnosis was approximately 20 years, and there is no competent opinion linking the current disorder to his military service.

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

The Board has determined that the claim for service connection for cause of death secondary to exposure to herbicides cannot be reopened as there is no new and material evidence.,The claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 for additional disability claimed as the cause of death due to an October 1999 fall from a hospital bed at a VA medical facility has been denied because the proximate cause was not reasonably foreseeable.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has determined that the grant of secondary service connection for left quadriceps atrophy was not clearly and unmistakably erroneous, thus restoring the original service connection.

The Board finds that the creation of the overpayment was proper due to the Veteran's receipt of income in 2005 and 2006, which exceeded the maximum allowable pension rate.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for a left leg condition, resulting in a denial of this appeal.

The Veteran's claims for service connection for a head injury, heart murmur, and alcoholism have been denied as there is no evidence of current disabilities related to these conditions that began during or were aggravated by his military service.

The Board has determined that the Veteran's service-connected residuals of Reiter's Syndrome were not a principle or contributory cause of his death due to pneumonia, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board has denied the appellant's request for a waiver of overpayment of death pension benefits, finding that her actions constituted bad faith and were the direct cause of the debt.

The Veteran's request for waiver of an overpayment of $7,660 was denied because the debt creation was partly due to his fault and collection would not result in undue hardship or defeat the purpose of VA disability compensation.