Other conditions Board decisions

The Board finds that the claimant's application for burial benefits and plot allowance was timely filed due to the incompetence of the Veteran's surviving spouse, D.S., during the 2-year period following her husband's death.

The Board finds that the Veteran's Osgood-Schlatter's disease pre-existed service and was likely aggravated by military training, thus granting service connection.

The Board has determined that the Veteran's condition required inpatient treatment at a private facility due to his unstable state and lack of available VA facilities. The claim is granted as all conditions for payment under the Veterans Millennium Health Care and Benefits Act have been met.

The Board denied the appellant's claim for service connection for strabismus, diplopia and bilateral amblyopia. The evidence submitted since the September 1978 denial was not new and material.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing. The issues of entitlement to service connection for left lower extremity varicose veins and an increased evaluation for right lower extremity varicose veins are pending.

The Board has dismissed the appeal due to the death of the appellant, and no jurisdiction remains for adjudicating the merits of this claim.

The VA examiner found that the Veteran's scar of the mid-chest is not related to his military service, attributing it instead to a self-inflicted gunshot wound in 1982. Therefore, the claim for service connection for residuals of a shrapnel wound to the mid-chest is denied.

The VA determined that the Veteran's colon cancer and its residuals were not caused by or aggravated by any VA medical care, treatment, or examination.

The Board denied the Veteran's claim for service connection for residuals of a head and neck injury, finding that there was no evidence of a current disability related to an in-service injury.

The Veteran's dermatophytosis of the soles and toenails of both feet is currently rated at 30 percent effective from February 17, 2006.

The Veteran's left eye disorder was incurred in service and has been causally related to service. The Board finds that the evidence is in equipoise, granting service connection for the left eye disorder.

The Veteran is entitled to compensation under 38 U.S.C.A. § 1151 for increased astigmatism and loss of perception resulting from a VA cataract extraction surgery performed in January 2008, as the event was not reasonably foreseeable.

The Board finds that the Veteran was not a fugitive felon from December 27, 2001 to March 3, 2008 and thus his VA pension benefits should not have been terminated. The overpayment in the amount of $62,964.23 is therefore invalid.

The Veteran's case is being remanded due to the need for additional development, including consideration of whether referral under 38 C.F.R. § 3.321(b)(1) for extra-schedular consideration is warranted.

The Board has determined that new and material evidence had not been submitted to reopen the previously denied claim for a sinus condition. The Veteran's service treatment records show he was seen for nose bleeds from unknown causes during his active service, but no diagnosis of sinusitis or allergy disorder was made. Post-service records indicate ongoing allergies and sinus issues. A VA examination in February 2011 concluded that the current sinus condition is not related to service.

The Board has decided to remand the case for further development and readjudication, including determining whether the Veteran's income after 2000 exceeded the maximum allowable limit for pension benefits.

The Board has reopened the Veteran's claim for service connection for prostatitis and granted service connection. The bladder disability claim is also granted.

The Veteran's overpayment of VA pension benefits was denied as the failure to report his spouse's income created the debt, and repayment would not result in unfair gain to him or deprivation of basic necessities.

The Veteran's claim for increased ratings for his rash of the groin and forehead was denied. The initial rating prior to September 18, 2003, was not compensable, and a higher rating after that date was also denied.

The Board has determined that additional medical inquiry is needed into the Veteran's claims for service connection for various conditions, including dental disorder, eye disorder, stomach ulcers, allergies, and skin disorder. The case is being remanded to allow for further examination and analysis.