Other conditions decisions — 2004

The Board has remanded the case due to the veteran's request for a videoconference hearing, and the appeal is now pending before the RO.

The veteran is granted TDIU effective July 8, 2003. His bilateral hip disorders have rendered him unable to secure or follow a substantially gainful occupation since that date.

The veteran's service-connected postoperative residuals of a left medial meniscectomy are rated at 10 percent, and his claim for service connection of a left hip disorder is denied.

The Board has established service connection for the veteran's residuals of right thigh myositis ossificans, finding that it was incurred during active duty.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the claim for service connection for a dental disorder, including the residuals of dental trauma.

The Board denied the veteran's request to reopen his claim for service connection for ulcerative colitis, finding that no new and material evidence had been submitted.

The Board has reopened the veteran's claim for service connection for a bilateral foot disorder, finding that new and material evidence has been submitted. The case is remanded to determine if any current disability of the feet is attributable to active military service.

The veteran's claim for service connection for a mental/depressive condition was denied, and the effective date of his 40 percent disability evaluation for benign prostatic hypertrophy was also denied.

The Board has granted the veteran's request for reimbursement of $264.00 in licensing and certification test fees under Chapter 30 educational assistance benefits, as his claim was not time-barred.

The Board found that the veteran's left eye wet macular degeneration with retinal pigment epithelial detachment was not caused by VA care, and thus denied compensation under 38 U.S.C.A. § 1151.

The RO has denied the appellant's request for apportionment of the veteran's VA disability compensation benefits. The case is being remanded to clarify representation, consider the USFSPA and state court-approved divorce decree, and provide a supplemental statement of the case.

The Board has remanded the case for further development, including a VA examination and compliance with VCAA requirements.

The veteran's low back disability, rated at 40 percent under the old criteria, is now rated at 60 percent due to severe intervertebral disc syndrome with recurring attacks and intermittent relief.

The veteran's appeal for additional educational assistance benefits under Chapter 30 was denied due to exceeding the statutory limit of 48 months.

The Board denied the veteran's claim for service connection for a nervous disorder, finding that her current psychiatric disability did not begin during active duty and was not related to any in-service event or exposure.

The Board found no fraud, misrepresentation or bad faith on the appellant's part in creating the overpayment. The decision concluded that recovery of the $9,000 overpayment would not be against the principles of equity and good conscience.

The Board denied the veteran's claims for an increased evaluation for post-operative cholecystitis and cholelithiasis, finding that his disability did not meet the criteria for a higher rating. The claim seeking service connection for colon cancer as secondary to gallbladder surgery was also denied.

The Board is remanding the case to reopen a previously denied claim of entitlement to service connection for a skin condition due to outstanding service medical records and VA medical records. The veteran must provide evidence that he was treated during his periods of active duty for a skin condition resulting from wood poisoning or exposure, which may be found in morning reports, sick call reports, and Office of the Army Surgeon General (SGO) reports.

The Board found that the veteran's chronic bilateral conjunctivitis is service-connected, but denied service connection for other eye disorders as not related to service.

The Board has granted service connection for residuals of intermediate phalangectomy of the right and left fifth toes, each rated at 10 percent since September 9, 2001. The veteran's disabilities are secondary to his service-connected diabetes mellitus.