Other conditions decisions — 2005

The Board has determined that recovery of the overpayment of $9,398 of the veteran's improved pension benefits is warranted due to undue hardship and against equity and good conscience.

The Board has reopened the claim for service connection for a neurological disorder due to new evidence submitted by the veteran, which relates the current condition to exposure to radiation during service.

The Board denied the veteran's claims for service connection for a respiratory disorder and gastrointestinal disorder, finding no evidence of chronic conditions during service or post-service continuity of symptoms. The VA examiner concluded that any current GERD was not related to military service.

The Board has determined that the veteran's service-connected nasal septum fracture warrants a 10% disability evaluation, effective from the date of his claim.

The Board denied the veteran's request to reopen his claim for service connection for a stomach disability, finding that the new evidence did not constitute material in establishing a disability incurred or aggravated by service.

The Board has denied a rating in excess of 30 percent for the veteran's reactive airway disease, finding that his symptoms do not meet the criteria for a higher rating under VA's disability evaluation guidelines.

The Board denied the veteran's claim for reimbursement or payment of unauthorized medical expenses incurred at St. James Community Hospital in November 2001, finding that prior authorization was not obtained and that the treatment did not meet the criteria for emergency care under VA regulations.

The veteran's claim is being remanded to the RO for consideration of new and material evidence regarding his injuries from February 16, 1992. The RO must also consider whether other disabilities satisfy the basic eligibility requirements for non-service-connected pension benefits.

The Board has determined that the veteran's bilateral eye disability, skin rash, foot cramps and sore joints, and loss of appetite and a blood disorder are not service connected due to lack of evidence linking these conditions to his military service.

The Board denied the veteran's claim to reopen his service connection for residuals of frozen feet, finding no new and material evidence presented.

The veteran's fractures of the nose and jaw have been rated as noncompensably disabling until May 19, 2004 when they were upgraded to a 30% rating. The current status is that both conditions are now compensable.

The veteran's service-connected residuals of concussion and otitis media of the right ear are rated at 10 percent each, effective from March 29, 1995. The claims for increased ratings were granted.

The Board has denied the veteran's claim for service connection for a right hip disorder, finding that there is no evidence linking his current condition to service or any service-connected disability.

The Board denied the veteran's claim for an increased rating for his service-connected left shoulder disability, finding that the evidence did not support a higher evaluation due to functional loss and lack of equivalent limitation of motion.

The Board denied the veteran's claim for a disability rating in excess of 40 percent for his service-connected chronic back pain, finding that the evidence did not support such an increase.

The Board found that the veteran's rectal cancer was not related to his service, including exposure to ionizing radiation. The claim for service connection is denied.

The Board has remanded the case due to incomplete medical records and the need for a supplemental statement of the case (SSOC) regarding service connection for a spinal disorder and restoration of service connection for restrictive lung disease.

The Board has remanded the case due to unclear diagnosis and lack of medical evidence linking the current nasal condition to service.

The Board has granted a 40 percent disability rating for venous insufficiency of the right lower leg, which is more than the current 20 percent rating. The evidence shows persistent edema and stasis pigmentation or eczema without ulceration.

The Board of Veterans' Appeals has determined that an overpayment of educational assistance benefits in the amount of $331.16 was properly created and denied the veteran's appeal.