Other conditions decisions — 2005

The Board has granted service connection for post-herpetic neuralgia and found that the veteran's currently diagnosed condition is related to his in-service herpes zoster. The claim for an increased rating for dysthymia with substance abuse was also granted.

The VA denied the veteran's claim for a total rating based on unemployability due to service-connected bilateral hallux valgus, finding that his disability does not meet the criteria for such a rating.

The Board denied the veteran's claim for service connection for a dental disorder, finding that he did not have a compensable service-connected condition and thus was not eligible for VA outpatient dental treatment.

The VA denied the veteran's claim for service connection for a brain injury, finding that there is no current disability and insufficient evidence to link his in-service injuries to a present condition.

The Board of Veterans' Appeals (Board) has remanded the case to the NAO for further development and due process development. The veteran's claim for payment or reimbursement of unauthorized medical treatment provided in October and November 2000 was denied.

The Board has granted a 20 percent evaluation for the veteran's right trapezius myositis effective May 2, 2005. The previous rating of 10 percent is maintained prior to that date.

The Board denied the veteran's claim for a waiver of recovery of an overpayment of improved disability pension benefits, finding that there was no indication of fraud or bad faith on his part and that repayment would not be against equity and good conscience.

The Board denied the veteran's claims for service connection for the cause of his death and basic eligibility for Dependents' Educational Assistance (DEA) due to lack of evidence linking the cancer to service.

The Board has remanded the case due to additional evidence received and outstanding VA treatment records. The veteran's claim for service connection for idulatory pulmonary fibrosis remains pending.

The Board has remanded the case due to incomplete development and need for further medical opinions regarding the etiology of the veteran's lung conditions, including asbestosis exposure.

The veteran's service-connected duodenal ulcer is currently rated at 20 percent, which is the maximum rating available under the applicable VA Rating Schedule.

The Board has granted the veteran's request to reopen his claim for service connection of a urinary tract condition (UTI), as new and material evidence has been received since the final June 2001 rating decision.

The VA denied a rating in excess of 20 percent for the veteran's left forearm gunshot wound residuals, as his condition does not meet criteria for higher ratings based on muscle or nerve involvement.

The Board has remanded the veteran's claims for additional development due to incomplete service information and notification issues.

The Board finds that the preponderance of the evidence is against the claim for entitlement to an effective date earlier than June 10, 2003 for the grant of a 30 percent rating for the disability at issue.

The Board has determined that the veteran's mitral valve prolapse and right hip disability were not incurred or aggravated by service, and thus denied both claims.

The Board found that the appellant knowingly presented false evidence, leading to her forfeiture of VA benefits. She was denied the appeal.

The Board denied the veteran's claim for service connection for a pituitary tumor, finding that there was no evidence of onset during service and rejecting the opinion linking post-service diagnosis to service.

The veteran's claim for an earlier effective date for a compensable evaluation of his left knee disability is denied as it is not factually ascertainable that the disability was compensably disabling prior to June 22, 2000.

The Board found the veteran's claim for waiver of recovery of loan guaranty indebtedness valid, as he did not receive adequate notice regarding the foreclosure and default on his mortgage. The VA was granted authority to recover the debt.