Other conditions decisions — 2004

The Board found that the veteran's overpayment of VA disability compensation benefits was not properly created due to an administrative error by VA, and thus no overpayment exists.

The VA denied an increased rating for the veteran's service-connected lung disability, which is currently rated at 10 percent.

The Board granted service connection for PTSD effective June 8, 2002, based on new evidence received from the service department.

The Board has remanded the case for further development, including obtaining medical records and scheduling a psychiatric examination to determine the extent of the veteran's dysthymia.

The Board has remanded the case for further development and consideration, including obtaining VA medical records and arranging for a special orthopedic examination.

The Board has remanded the case due to a lack of medical opinion regarding the relationship between the veteran's skin disorder and Agent Orange exposure. The RO is instructed to obtain all necessary evidence, including private medical records, and provide the veteran with an opportunity for VA examination.

The Board determined that the appellant's discharge from service was under conditions other than honorable due to an AWOL period of at least 180 days, and thus his character of discharge is a bar to VA benefits.

The Board has denied the veteran's claims for increased evaluations for her right and left knee disorders, finding that the evidence does not support a higher evaluation based on the current level of disability.

The veteran's service-connected trench foot conditions have been rated at 20 percent for each affected foot since January 12, 1998.

The Board denied the veteran's claim for an effective date prior to March 16, 1994, for the award of a total disability rating based on individual unemployability due to service-connected disabilities. The decision found that no formal or informal claim was received before this date and that the claim was not filed within one year from when it became factually ascertainable that the veteran had become essentially unemployable due to his service-connected disabilities.

The Board has determined that the veteran's current stiffness and arthralgia of the right wrist and base of the thumb are due to an injury sustained during his military service.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection of residuals of a back injury and typhoid fever. The claim for service connection of residuals of a spinal tap remains pending.

The Board denied the veteran's claims of service connection for residuals of a neck injury and peptic ulcer disease (PUD) due to medication for his service-connected migraines. The evidence did not establish a nexus between these conditions and military service.

The Board denied service connection for an osteoma of the occipital bone, concluding that it was not present during active duty. The decision is considered to contain clear and unmistakable error.

The Board found no clear and unmistakable error (CUE) in the 1970 decision denying death pension benefits, but the Court of Appeals for Veterans Claims vacated this decision and remanded it for readjudication.

The Board has remanded the case due to procedural errors and additional development is required under the provisions of the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has denied the veteran's claims for increased evaluations for his arthritic changes of both feet, finding that the current ratings adequately reflect the severity of his disabilities.

The Board has determined that new and material evidence has not been received to reopen the claim for a skin disorder of the feet. The veteran's claims for increased ratings for shrapnel fragment wounds of the left leg, right thigh, and left thigh are granted. Effective dates have not been assigned as this is a remand issue.

The veteran's claim for reimbursement of motel expenses incurred while participating in a VA vocational rehabilitation program was denied as the law does not provide for such reimbursement.

The Board has determined that the veteran's claims for service connection for chronic athlete's foot, a bilateral foot disorder, defective hearing, loss of visual acuity, conjunctivitis, and residuals of a sebaceous cyst are denied. The claim for service connection for a bilateral foot disorder is remanded for further development.