Other conditions decisions — 2014

The Veteran's request for a waiver of recovery of his overpayment debt in the amount of $22,160.00 for nonservice-connected disability pension benefits was granted due to financial hardship and undue hardship caused by repayment.

The Board denied the Veteran's claim of reopening her service connection for carcinoid disease affecting multiple body parts, finding that new and material evidence had not been submitted.

The Veteran's varicose veins of the left and right lower extremities are each rated as 10 percent disabling under Diagnostic Code 7120. The Board finds that a higher rating is not warranted due to lack of persistent edema.

The Board has determined that the evidence is in equipoise as to whether the Veteran's current peripheral vascular disease of the lower extremities with resulting amputations is related to his service-connected heart disability. As a result, the claim for service connection is granted.

The Board found that the appellant's HIV infection was not incurred in active service and denied his claim for service connection.

The Veteran's death is being remanded for further development, including obtaining service treatment records and a medical opinion regarding the cause of his arteriosclerotic cardiovascular disease. The claim for Dependents Education Assistance (DEA) is also being remanded.

The Board has determined that the Veteran's claimed conditions, including pelvic inflammatory disease (PID), infertility, and hyperkeratosis, are not related to service or any service-connected disability. The claims for service connection have been denied.

The Board found that the overpayment of VA benefits for the period prior to April 8, 2005, and beginning June 13, 2005, was properly created. However, the overpayment between April 8, 2005, and June 13, 2005, is due solely to VA administrative error and therefore not valid.

The Board found that the Veteran does not have any current disability as a result of her chest injury sustained during her most recent period of service, and thus denied her claim for service connection.

The Veteran's service connection claims for residuals of Eustachian tube dysfunction and labyrinthitis are granted as the Board finds that his reported symptoms since service are related to his in-service diagnoses.

The Board found that the appellant is not entitled to recognition as the surviving spouse of the Veteran for purposes of receiving VA death benefits due to their separation, which was not shown to be procured by or due solely to the misconduct of the Veteran.

The Veteran's service-connected Osgood-Schlatter disease has been manifested by slight knee disability, but no more; flexion of at least 60 degrees; extension to less than five degrees; normal strength; and no material instability or subluxation. The preponderance of the evidence does not support an initial rating greater than 10 percent for his Osgood-Schlatter disease.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing. The issues of increased rating for cataract and benefits under 38 U.S.C.A. � 1151 are pending.

The Board found that there is no currently diagnosed disability of the fourth finger of the left hand and denied service connection for this condition.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a TDIU as there is no evidence of unemployability due to service-connected disabilities.

The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to service connection for residuals of a left foot injury, as there is no current diagnosis related to the in-service injury.

The Veteran's claim for an increased rating greater than 10 percent for his service-connected right shoulder disability is being remanded due to the need for a new VA examination and consideration of recent treatment records.

The Veteran is eligible for VA outpatient dental treatment due to a loss of a left lower molar sustained during service, but not entitled to compensation for the condition.

The Board found that the Veteran was not a fugitive felon during the period of July 13, 2009 to December 9, 2009 and thus the termination of his VA benefits for this period was improper.

The Veteran's claims for service connection for G6PD deficiency and increased rating for atrial fibrillation are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.