Other conditions Board decisions

The Veteran's paralysis of the right hemidiaphragm is found to be proximately caused by his service-connected diabetes mellitus type II, and thus granted service connection for this condition.

The Veteran's appeal for increased ratings for adjustment disorder with depressed mood and service connection for hypertension was denied. The Veteran's adjustment disorder symptoms were found to be productive of occupational and social impairment, but not warranting a higher rating. Service connection for hypertension was also denied as there is no evidence linking the condition to service.

The Board has remanded the case due to a need for an accounting of past-due benefits and clarification on whether cash payments were made to the Veteran, as well as processing the grant of Total Disability Independent Existence (TDIU) effective April 2, 2008.

The Board has remanded the case for additional development, including obtaining treatment records and providing an opinion on whether the Veteran's diabetes mellitus caused or contributed to his death.

The appeal has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Board has determined that the Veteran does not have gout or painful joints (polyarthralgia) due to service, and thus denied both claims.

The Veteran withdrew her appeal for a waiver of overpayment, to include the issue of the validity of the debt.

The Board denied the Veteran's request for waiver of a $9,786.40 overpayment of VA disability compensation due to his fault in creating the debt and found that recovery would not be against equity and good conscience.

The Veteran's claims for increased ratings for right and left hip degenerative joint disease were denied, as the current range of motion does not meet the criteria for a higher rating. Claims for service connection for arthritis of the knees (claimed as secondary to hip disabilities) were also denied.

The Board has remanded the case for further development, including obtaining in-patient records from 1983 related to a hernia and foot fracture. The claims will be reconsidered after this additional evidence is obtained.

The Veteran's claim for service connection for thymoma, due to Agent Orange exposure, was granted with a 100% disability rating effective October 30, 1998. However, the effective date remains unchanged as there is no earlier qualifying date found.

The Veteran's fungal infection on the feet and residuals of right great toe fracture are not service connected. The reduction in disability rating for left foot plantar scar is denied.

The Board denied the Veteran's request for waiver of a $6,525 overpayment of VA disability compensation due to his failure to notify VA of his extended stay in the Philippines. The Board found that the Veteran was solely at fault and concluded that recovery would not be against equity and good conscience.

The Veteran's death was caused by Congestive Heart Failure, which is not service-connected. The appellant's claims for accrued benefits are also denied as the Veteran had no pending claims at the time of his death.

The Board found that the Veteran's cause of death, massive pulmonary embolus, was not related to service-connected conditions or varicose veins. The Appellant's claim for service connection for varicose veins in service is denied as there is no evidence of their onset during active duty.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore denied his claim for service connection for the cause of his death.

The Board has determined that the appellant does not have a current diagnosis of spina bifida and that the Veteran, her father, did not serve in or visitation to the Republic of Vietnam. Therefore, the appeal for benefits under 38 U.S.C.A. § 1805 for status as a child born with spina bifida is denied.

The Veteran's cause of death was attributed to metastatic testicular cancer, which is not service-connected. The right testicular cancer he had in 1970 is considered a direct service connection.

The Board found that the appellant's income was excessive for non-service-connected death pension, and thus denied her claim.

The Board denied DIC benefits because the appellant was not married to the Veteran at the time of his death, and thus does not meet the criteria for surviving spouse status.