Other conditions Board decisions

The veteran's sole service-connected disability, bilateral trench foot, was rated at noncompensable (0%) from October 1945. The Board found that the veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he did not have a total disability rating for 10 years prior to his death or would not have met such requirements but for clear and unmistakable error (CUE) in previous decisions.

The Board found that the overpayment of educational assistance benefits in the amount of $1,864.32 was properly created and denied the veteran's appeal.

The veteran's service-connected depressive reaction has been rated at 70 percent, the highest schedular rating available.

The veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for recurrent urinary and vaginal problems, but the appeal has not been fully developed due to a lack of VCAA-compliant notice.

The Board found that the veteran's claimed bilateral eye disability was not incurred in or aggravated by active service and denied his claims.

The Board has determined that the appellant's current cutaneous T-cell lymphoma was incurred during his military service and granted entitlement to service connection for this condition.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a disability of the testicles claimed as hernia of the testicles. The veteran's previous denial was based on an acute condition that resolved before separation from military service, but the additional evidence received since then supports reopening the claim.

The Board found that the November 1971 decision denying service connection for nervous condition and duodenal ulcers was not clearly and unmistakably erroneous, as there were no findings of chronic disabilities in service or within one year following active duty. The RO correctly applied the applicable law and regulations.

The Board has reopened the claim for service connection for the cause of the veteran's death due to new and material evidence submitted, including a medical opinion linking the cause of death to exposure to Agent Orange during service. The claim is granted as presumptive service connection applies.

The veteran's claim for an effective date prior to January 4, 2001 for the grant of service connection for a gunshot wound to the left foot is being remanded due to incomplete notification and potential misfiled records.

The veteran's service did not qualify for the required wartime service to be eligible for nonservice-connected death pension benefits. The claim is denied.

The Board finds that the overpayment of VA pension benefits for the period from February 1, 2002, to May 31, 2002, was improperly created due to sole administrative error by the RO. The appellant's arguments contesting the validity of the debt are considered and found without merit.

The veteran's appeal is remanded due to incomplete information and the need for additional development, including obtaining Social Security Administration records.

The Board denied the veteran's claim for service connection for a left ear disorder, including perforation of the tympanic membrane, finding that there was no evidence linking his current condition to his military service.

The veteran's appeal is remanded due to uncertainty regarding the presence of residual disability from his bout of rhabdomyolysis. Further development, including obtaining medical records and an examination by a specialist, is needed to resolve this issue.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for HIV or compensation under 38 U.S.C.A. § 1151 for HIV, both of which were previously denied in June 1991.

The veteran's claim for an increased rating for his service-connected residuals of a fracture at T-12 with degenerative changes is being remanded due to the need for further examination and consideration.

The veteran's claim for a compensable rating for her service-connected pulmonary embolism residuals is being remanded due to the need for additional medical records and an examination.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any current respiratory disorder. The RO should also re-evaluate his claim for an increased initial rating for low back strain based on both old and new criteria.

The Board has remanded the case to the RO for additional development and consideration of the veteran's spouse's claim for an apportionment of his VA pension benefits in excess of $50.00 per month.