Other conditions decisions — 2005

The Board has granted a 10 percent rating for the veteran's patellofemoral syndrome with synovitis of the left knee, considering his reported limitations and pain.

The Board denied the veteran's request for a waiver of recovery of overpayment of nonservice-connected pension benefits, finding that he was at fault in creating the overpayment due to his failure to accurately report his income from 1993.

The appeal has been dismissed as the appellant requested withdrawal of their appeal before a decision was made.

The veteran's claim for an increased disability rating for narcolepsy was granted, with a 80 percent evaluation effective July 19, 2001. The claim for an increased rating for depression remains pending.

The veteran's claims for service connection and increased evaluations are being remanded due to the need for additional development, including obtaining medical records from a Pain Management Clinic.

The Board has determined that the appellant's daughter, FC, was not permanently incapable of self-support prior to reaching the age of 18 years and therefore cannot be recognized as a helpless child.

The veteran's current diagnosed carcinoma of the right tonsil may be associated with his exposure to Agent Orange during service, but a definitive opinion is needed.

The veteran's compensation benefits awarded under 38 U.S.C.A. § 1151 are subject to offset in the amount of $1,028,577 against his FTCA settlement award. The eligibility criteria for financial assistance in acquiring an automobile or adaptive equipment have been met.

The veteran's appeal is being remanded to allow him to retain local representation and reschedule his video conference with the Board.

The Board denied service connection for poliomyelitis as the appellant did not serve on active duty and his poliomyelitis is not related to his National Guard service.

The Board has determined that the veteran's essential tremor of the upper extremities was aggravated during active service and granted service connection for this condition.

The case is being remanded for further development and consideration by the AMC.

The veteran's claim for an increased rating for residuals of a shell fragment wound of the left leg was granted, with a current evaluation of 10 percent. The claim for PTSD was also granted, with a current evaluation of 10 percent.

The VA determined that the veteran's status post bowel perforation was not caused by negligence or fault on the part of VA, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's residuals of a laceration of the upper lip do not warrant a rating higher than 10 percent, as they do not meet the criteria for more severe disfigurement or other disabling conditions.

The Board denied the veteran's claims of entitlement to increased disability ratings for her service-connected bilateral retinal vasculitis with central scotoma of the right eye and denied her claims of entitlement to service connection for a right foot condition and a left foot condition.

The veteran is seeking special monthly pension due to need for aid and attendance or being permanently housebound. The case is remanded as requested records are needed, including eye surgery records and treatment from recent medical providers.

The Board has determined that the veteran's left wrist disability, which is manifested by complaints of pain and numbness with functional impairment no greater than slight loss of range of motion, does not meet the criteria for an increased rating.

The Board denied service connection for sickle cell anemia and the claim to reopen PTSD, hearing loss, tinnitus, glaucoma, flat feet, and back condition claims. The Board also denied service connection for an allergic reaction due to pain pills.

The Board denied the reopening of the claims for service connection for residuals of a cold injury and arthritis of the neck, back, hands, and feet due to lack of material evidence.