Other conditions Board decisions

The Board found no current residuals of a left foot injury that were incurred in active service, and thus denied the claim for service connection.

The veteran's thoracic spine disorder and hilar lymphadenopathy have not met the criteria for a compensable evaluation under applicable VA rating criteria.

The Board denied the veteran's claims for service connection for posterior subcapsular cataracts and for an effective date earlier than July 7, 2006 for the grant of service connection for fibromyalgia, to include chronic fatigue. The claim for service connection was reopened on new evidence but not granted.

The case is being remanded for an audit of the overpayment to determine its amount and whether it was properly calculated.

The Board denied an increased rating for a dental injury as a result of facial surgery, finding that the veteran's condition did not warrant a higher than 50 percent disability rating. The claim for service connection for other residuals of facial surgery, including scarring from a bone graft, is also pending and requires further examination and opinion.

The Board found that recovery of the overpayment would not be against equity and good conscience, given the veteran's incarceration for a felony. The fault was apportioned between VA and the veteran, with both parties at fault in creating the debt.

The VA denied an increased rating for the veteran's bilateral Thygeson's keratopathy, currently rated at 10 percent.

The Board has determined that the veteran's bilateral foot disabilities were not incurred in or aggravated during his active service and denied his claim for service connection.

The veteran's claim for an increased rating for residuals of a right humerus fracture is being remanded due to inadequate examination and VCAA notice issues.

The veteran is seeking service connection for lymphoma of the right testicle, which he claims was caused by exposure to ionizing radiation during his military service. The VA has requested additional records and a dose estimate from the Under Secretary for Health but has not yet completed these steps.

The Board has determined that the veteran's income exceeded the maximum annual rate for VA improved pension benefits as of March 29, 2004.

The Board denied the appellant's request to reopen her previously denied claim of entitlement to service connection for the cause of the veteran's death, finding that the new evidence submitted did not relate to an unestablished fact necessary to substantiate the previously disallowed claim.

The Board has decided to remand the case for additional development, including obtaining VA medical records and scheduling a VA examination.

The veteran's appeal for a waiver of an overpayment of compensation benefits has been dismissed due to his death.

The Board denied an increased rating for the veteran's service-connected shrapnel wound to the left thigh, finding that his symptoms are no more than moderate in degree and do not warrant a higher evaluation.

The Board found that the veteran's right knee disability, diagnosed as patellofemoral syndrome and chondromalacia, did not meet the criteria for a compensable rating under any applicable diagnostic codes. The evidence showed full range of motion with no limitation of motion or instability.

The appellant is not eligible for DIC benefits as she was not legally married to the veteran at the time of his death.

The Board has denied the claim for service connection for cause of death due to lack of evidence showing a direct link between the veteran's service-connected conditions and his death. The DIC claim under 38 U.S.C.A. § 1318 was also denied as there is no evidence that the veteran had been continuously rated totally disabled by reason of service-connected disabilities for at least ten years immediately preceding his death.

The Board has determined that the veteran's jaw disability is not service-connected, as it was a congenital defect pre-existing her military service. The VA dental examination and other evidence do not support an aggravation of this condition during active duty.

The VA denied an increased rating for the veteran's service-connected fractured right femur, currently rated at 20 percent.