Other conditions decisions — 2015

The Board has determined that new and material evidence was not received to reopen the claim for service connection for astigmatism. The Veteran's original March 1997 claim for service connection for astigmatism was denied in September 1997, and no new and material evidence was submitted during the one-year appeal period. As a result, the September 1997 rating decision remains final.

The May 1992 rating decision is reversed, and the Veteran's arthritis of the back is granted as if awarded on the date of that decision.

The Board denied service connection for the cause of the Veteran's death due to metastatic gastric adenocarcinoma, finding no evidence of a current disability and noting that stomach cancer is not associated with herbicide exposure.

The Board found that the overpayment of VA death pension benefits was not properly created and is therefore invalid, thus denying the attempt to recover the $83,603.00.

The Veteran's claim for a higher rating for his service-connected back disability was granted, with the effective date being determined by the AOJ. The decision also addressed his claims for sleep apnea and TDIU.

The Veteran's appeal is denied as she has already received the maximum allowable 48 months of VA educational assistance benefits.

The Veteran's service is deemed valid, and she received an honorable discharge. The fact that there was a fraudulent entry is not in itself a bar to VA benefits. As the Veteran had more than 1.8 years of service after September 10, 2001 characterized as honorable, she meets the basic eligibility requirements for education benefits under the Post-9/11 GI Bill.

The Board has remanded the case for further development, including scheduling a video conference hearing before a Veterans Law Judge.

The Veteran died at a private facility and was not in receipt of service-connected compensation or nonservice-connected pension benefits at the time of his death. Therefore, he is not eligible for VA burial benefits.

The Board has determined that the Veteran's pressure wound, right heel, was incurred during his in-patient detoxification at the Huntington, West Virginia VA Medical Center and is not a result of willful misconduct. The Board finds that the carelessness or negligence on the part of VA did not cause the Veteran's additional disability.

The Veteran's appeal is being remanded due to his request for a hearing before the Board of Veterans' Appeals. The case will be returned to the AOJ after the scheduled hearing.

The Board has determined that the Veteran's gout is related to his service and has granted service connection for this condition.

The Veteran's claim for service connection for colon cancer, to include as due to herbicide exposure, has been denied because there is no evidence of a causal relationship between the current disability and his active duty service.

The Veteran's right knee disability has been rated as 10 percent disabling for patellar tendonitis, but the evidence does not support a higher rating. The Veteran does not have hearing loss for VA compensation purposes.

The Board has remanded the case due to a need for further examination and consideration of the Veteran's competency to handle her VA funds.

The Board has determined that the Veteran's cardiovascular disorder, including paroxysmal atrial fibrillation, was not incurred or aggravated during service and is not causally related to or made worse by his service-connected PTSD. Therefore, service connection for these conditions cannot be granted.

The Board finds the evidence does not support a link between the Veteran's hysterectomy and urinary incontinence to her military service.

The Veteran's claim for service connection for a bilateral foot disorder, including as secondary to his service-connected diabetes mellitus and peripheral neuropathy of the lower extremities, is being remanded due to the need for additional development.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine if the Veteran's urinary disability is related to his active service.

The Board's January 29, 2003 decision dismissing the Veteran's claim for an evaluation in excess of 10 percent for post transection, right lateral femoral cutaneous nerve is revised due to clear and unmistakable error (CUE).