Other conditions Board decisions

The Board denied the veteran's request for waiver of recovery of overpayment of non-service-connected disability pension benefits in the amount of $10,559.00 due to lack of fault on his part and sufficient household income.

The veteran died from hepatocellular carcinoma, and the appellant claims this was related to his military service in Vietnam. The Board is remanding the case for further development including obtaining medical opinions regarding the relationship between the veteran's death and his service.

The Board has decided to remand the case for further development due to notification issues under the Veterans Claims Assistance Act of 2000 (VCAA).

The Board denied the appellant's claims for service connection for cause of death and accrued benefits, finding that there was no evidence linking the veteran's death to his military service.

The Board denied the overpayment of educational assistance, finding that it was properly created based on the appellant's withdrawal from her courses during a drop-add period.

The Board has determined that the veteran's current diagnosis of multiple myeloma is related to his in-service exposure to rocket fuel, and thus grants service connection for this condition.

The Board denied the appellant's claim for basic eligibility to nonservice-connected pension benefits due to lack of qualifying service and failure to meet other requirements.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 as his lower extremity symptoms are not considered to be related to the February 1994 prostate surgery performed at a VA Medical Center.

The Board found that the veteran's leg length discrepancy, including shortening of the left lower extremity, was not incurred in or aggravated by active military service and denied her claim for service connection.

The Board has remanded the case for further development due to incomplete notification and consideration of new regulations.

The veteran's claim for service connection for personality disorder and alcohol dependence is being remanded due to the need for additional development, including obtaining Social Security Administration records and office notes from a psychotherapist.

The Board denied service connection for the cause of the veteran's death and denied DIC benefits under 38 U.S.C.A. § 1318 due to lack of evidence linking pancreatic cancer, a non-presumptive condition, to service.

The Board denied the veteran's claim for service connection for loss of the left eye, finding that his pre-existing defective vision did not worsen during service and that there was no evidence linking the current condition to any incident in service.

The VA determined that the appellant's bilateral sensorineural high tone deafness does not warrant a compensable disability rating.

The veteran's onychomycosis of the left foot is due to disease that was incurred in service. The claim for high glucose levels is denied as there is no evidence of a disability associated with it.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations. The issues of service connection for a respiratory disability and the rating for gouty arthritis with degenerative joint disease of the feet will be re-adjudicated after the additional development.

The Board has determined that a disability evaluation in excess of 20 percent is warranted for the veteran's service-connected left foot disability due to traumatic amputation, given the severity of his symptoms and recent surgery. The current rating of 30 percent under Diagnostic Code 5284 is granted.

The Board found that the veteran's gastropathy, which is a result of pain medication prescribed for service-connected right knee and low back disabilities, was proximately due to or the result of his service-connected conditions. As such, service connection for gastropathy secondary to service-connected disability was granted.

The Board has determined that the overpayment of compensation benefits was improperly created due to sole VA error, and thus waived recovery of $5,592 is granted.

The Board denied the claim of service connection for the cause of the veteran's death, finding no evidence to support a link between his period of service and his cerebral vascular accident.