Other conditions Board decisions

The Board has remanded the case for further development, including scheduling a Travel Board hearing and clarifying the appellant's choice of representatives.

The Board has determined that the veteran's residuals of a fractured left fibula meet the criteria for a disability evaluation of 20 percent, effective August 19, 2003.

The veteran's bilateral metatarsalgia, diagnosed since May 21, 2002, warrants a 20 percent evaluation on an extraschedular basis.

The VA denied the veteran's claim for basic eligibility for educational benefits under Chapter 30, Title 38, United States Code.

The Board has granted an initial 50 percent evaluation for the veteran's dysthymic disorder, effective March 2, 2001.

The veteran died of heart failure due to myocardial infarction. At the time of his death, he was receiving a combined 60% disability rating for service-connected conditions.

The Board found that the veteran's death was due to his own willful misconduct, specifically playing Russian roulette and shooting himself with a loaded gun while intoxicated.

The Board has granted the appellant's request for waiver of recovery of an overpayment of VA death pension benefits in the amount of $48,663. The decision found that the appellant's failure to report her receipt of Social Security income did not rise to the level of fraud or bad faith and thus waived recovery would be against the principles of equity and good conscience.

The Board denied service connection for the residuals of a left ear injury, finding that the injuries were not incurred in line of duty due to the veteran's willful misconduct (driving under the influence).

The Board found that the veteran's disability of the left hip was not caused by VA radiation treatment for hip replacement, and thus denied his claim under 38 U.S.C.A. § 1151.

The veteran's respiratory disability is currently rated at 60 percent, but does not meet the criteria for a higher rating. The Board also found that his service-connected disability does not render him unable to secure or follow a substantially gainful occupation.

The veteran's service-connected right and left foot disabilities are currently rated at 30 percent, effective from June 8, 1999. The RO has granted a temporary evaluation of 100 percent for the right foot disability due to surgical treatment necessitating convalescence.

The veteran's claim for an increased rating for his bilateral hearing loss was granted, with a 10% disability evaluation effective March 2000. The RO found that the veteran's current level of hearing acuity did not warrant a higher rating.

The Board has granted service connection for the veteran's residuals of shell fragment wounds of the back.

The Board finds that the veteran's right eye disability, including persistent sub-retinal fluid and vision loss, is a result of VA medical treatment performed in September 1995. The evidence is in equipoise as to whether this was due to carelessness or fault on the part of VA.

The Board has received notification from the appellant that they wish to withdraw their appeal, and as a result, the appeal is dismissed.

The Board granted service connection for PTSD, headaches, and a vision disorder. The issues of increased ratings for residuals of multiple head trauma with concussion and fractured zygoma and for mandible fracture were remanded.

The Board is remanding the case for a videoconference hearing due to jurisdictional questions regarding the timely filing of substantive appeals.

The veteran's claims for compensable ratings for his service-connected right foot and eye disabilities are being remanded to the RO for additional development, including examinations.

The Board found no evidence of current residuals of frozen feet and denied the claim for service connection.