Other conditions Board decisions

The Board found that the appellant's income exceeded the maximum allowable pension rate, leading to termination of her VA death pension benefits. The debt for overpayment was properly created and calculated. However, the claim for a waiver of recovery due to unfairness or undue hardship was denied.

The Veteran's appeal was denied for an evaluation in excess of 20 percent for residuals of fracture, left os calcis. The disability is currently rated as 20 percent disabling due to the presence of a malunion of the os calcis with marked deformity.

The Board finds that the Veteran's mitral valve prolapse is secondary to her service-connected Graves' disease and hyperthyroidism, granting service connection for this condition.

The Veteran's claim for an increased disability evaluation for his service-connected residuals of a fracture of the mandible is being remanded due to the need for additional development, including a VA examination and compliance with Dingess requirements.

The Veteran's claim for a disability rating in excess of 30 percent for migraines from June 18, 2009 is granted.

The Board denied the Veteran's claims for service connection for a right elbow disorder and initial disability ratings for his right knee and left elbow bursitis, finding that there was no evidence linking current conditions to service.

The Veteran's claims for increased ratings and service connection were denied. The appeal is limited to the issues of secondary service connection.

The Veteran is seeking service connection for pituitary tumor residuals. The Board has decided to remand the case due to incomplete records and need for medical opinion.

The Board denied an initial rating in excess of 10 percent for the Veteran's service-connected right hip disorder and granted a compensable initial rating (10%) for his service-connected right knee disorder effective from December 16, 2008. The Veteran's right hip disorder is rated under Diagnostic Code 5252.

The Veteran's service-connected adenocarcinomo of the prostate was granted a disability rating of 40 percent effective August 4, 2009. The Veteran also had his disability rating for degenerative disc disease of the lumbar spine increased to 20 percent effective that date.

The Veteran's decreased visual acuity of the right eye is not considered to be due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 has been denied.

The Veteran's service-connected DVT of the left lower leg was granted a 40% evaluation effective January 7, 2009. The disability is characterized by persistent edema and stasis pigmentation.

The Veteran's epididymal cyst with chronic epididymitis was manifested by pain and tenderness, requiring surgery on August 4, 2008. Prior to this date, he received a noncompensable evaluation.

The Board has remanded the case to accommodate the appellant's request for a hearing, and will return it to the RO after scheduling the requested hearing(s).

The Veteran does not have a bilateral hip disorder, including arthritis. The Board finds that the preponderance of evidence is against service connection for this claimed disorder and denies the claim.

The Veteran's appeal is remanded for further clarification on the number of credit hours required for his nursing program and to verify the correct number of credit hours for a specific course. The full-time monthly rate under 38 U.S.C.A. Chapter 30 will be reconsidered based on these findings.

The Veteran's schizoaffective disorder, depressive type, is currently rated as 70 percent disabling. The Board found that the disability does not warrant a rating in excess of this level due to its current severity and social functioning.

The Board has granted an effective date of March 12, 2003 for the award of additional compensation for the Veteran's dependant spouse.

The appellant is recognized as the surviving spouse of the Veteran for purposes of receiving VA death benefits.

The Veteran's TDIU claim was granted effective May 13, 2008, based on his service-connected cognitive dysfunction due to head trauma.