Other conditions decisions — 2005

The Board has determined that the appellant's schizoaffective disorder existed prior to service and underwent an increase in severity during service, thus granting service connection for a psychiatric disorder on the basis of aggravation of a pre-existing condition.

The Board has determined that an initial rating greater than zero percent for a stress fracture of the right medial tibial plateau cannot be granted due to the veteran's failure without good cause to report for VA examinations scheduled in conjunction with her claim.

The Board denied the veteran's claims to reopen his service connection for a bilateral leg condition and back/spine condition, finding that new and material evidence had not been presented.

The Board found that the veteran's respiratory disability did not have its onset during active service and is not presumed to be related to exposure to herbicides in Vietnam. The claim for service connection was denied.

The Board granted service connection for presbyopia and dry eye syndrome, finding that these conditions are not due to undiagnosed illness or service. The claim for chronic chest pain was also granted as a manifestation of an undiagnosed illness.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error (CUE) in a March 1983 Board decision that found new and material evidence had not been submitted to reopen a claim of entitlement to service connection for a skin disorder. The veteran's contentions were deemed insufficient to warrant a finding of CUE.

The Board has ordered the RO to obtain VA examination records and employment records for the veteran, as these may be relevant to his pension claim. The case will then be readjudicated.

The Board denied the veteran's claim for service connection for a meningioma of the posterior fossa, status post resection and radiotherapy, finding no evidence to support that it began in service or was caused by his active duty.

The veteran's claims for increased ratings for his right arm and right foot injuries are being remanded due to the need for additional medical records and a re-examination.

The VA denied a higher disability rating for posttraumatic stress disorder, finding that the veteran's symptoms do not meet the criteria for a 100% evaluation.

The Board denied the veteran's claims for service connection for dental disability and treatment purposes, finding no evidence of a service-connected condition.

The veteran's appeal is being remanded for additional development, including a VA examination to assess his ability to secure and follow substantially gainful employment due to service-connected disabilities.

The VA has determined that the veteran is not entitled to payment for a 3 credit hour course in mechanical/electrical systems he withdrew from, as per VA regulations.

The Board finds that the veteran's bilateral de Quervain's disease is manifested by some limitation of motion in the wrists, with subjective complaints of pain, stiffness, and swelling, but no indication of ankylosis. The criteria for a rating higher than 20 percent have not been met.

The Board has determined that more development is needed to determine if the appellant had a valid common law marriage with the veteran prior to their ceremonial marriage, which could affect her eligibility for DIC benefits.

The Board denied the appellant's request for a waiver of recovery of an overpayment of Chapter 35 education benefits due to her failure to file the request within the required 180-day period.

The Board denied the veteran's claim of entitlement to service connection for vertigo, finding that there was no evidence linking his current condition to his military service.

The veteran's VA benefits were terminated due to being a fugitive felon, and an overpayment was created. The case is remanded for further investigation into the circumstances of the felony warrant.

The Board has determined that the veteran's preexisting left hip disorder was aggravated during active service, and therefore grants service connection for residuals of a left hip injury.

The Board found that the veteran did not submit a timely or adequate substantive appeal for the issues of service connection for an eye disability, residuals of a left middle finger injury, and muscle strain of the right thigh and trapezius. The appeals were dismissed due to lack of jurisdiction.