Other conditions decisions — 2005

The Board has determined that the veteran's service-connected residuals of a gunshot wound to the left chest are currently rated as 30 percent disabling, and this rating is denied.

The Board has determined that the veteran's costochondritis began during his military service and grants service connection for this condition.

The Board found that the veteran's duodenal ulcer is productive of moderate impairment, not more than 40 percent as required for a higher initial rating. The claim was denied.

The Board denied the veteran's claim for an increased evaluation for his service-connected recurrent inguinal hernia, finding that the condition did not warrant a rating higher than 10 percent.

The Board has determined that the cause of the veteran's death was not incurred in or aggravated by service and may not be presumed to have been incurred therein. The service-connected disabilities did not contribute substantially or materially to his death.

The Board denied the veteran's claim for service connection for swelling, pain and discomfort in her right lower extremity due to a lack of current disability evidence and insufficient medical nexus.

The Board has granted a rating of 40 percent for the veteran's service-connected right hand disability, effective from August 27, 2001. The claim for SMC due to loss of use of the right upper extremity was not addressed as it is not part of the appeal.

The veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a VA examination to assess the current severity of her lower back disability. The TDIU claim is also inextricably intertwined with the increased evaluation claim.

The Board finds that the appellant's spouse did not have active military service for the purpose of establishing entitlement to VA pension benefits and therefore, the appellant is not entitled to non-service-connected death pension benefits.

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting the veteran's request for waiver.

The Board found that the veteran does not have a disability caused by visual defect due to injury or disease incurred in service, and thus denied his claims for service connection.

The VA denied the veteran's claim for an increased rating for his service-connected postoperative residuals of a duodenal ulcer, currently rated at 40 percent. The evidence did not meet the criteria for a higher disability evaluation under Diagnostic Codes 7305 or 7308.

The VA determined that the appellant's discharge was under dishonorable conditions, which constitutes a bar to VA benefits (excluding health care under Chapter 17).

The Board has remanded the case due to insufficient financial information provided by both parties. The appellant and her estranged husband (the veteran) need to provide updated financial details, including income, expenses, and medical costs.

The Board has remanded the case due to outstanding service medical records and private medical records, which need to be obtained. A VA examination is also required.

The Board dismissed the motion for revision due to insufficient details about alleged errors and lack of specific legal or factual basis.

The Board has granted a 30 percent rating for the veteran's service-connected pruritus anus, finding that his symptoms more closely approximate those of a 30 percent disability evaluation under the old criteria.

The VA denied the veteran's claim for a higher rating for her back disability, finding that the current 20 percent rating adequately reflects her symptoms and functional limitations.

The Board has determined that the veteran's gout of the right first metatarsophalangeal joint was incurred during a period of active duty training (ACDUTRA) in October 1997, and therefore service connection is granted.

The Board found that the veteran's chronic bilateral eye disability did not have its onset in service and is not related to his period of service. The issue of hepatitis C was also addressed, but as there were no compensable ratings assigned prior to March 22, 2005, the claim for a compensable rating was denied.