Other conditions decisions — 2006

The veteran's duodenal ulcer disease is currently rated at 20 percent, the maximum rating available under VA regulations. The Board finds that a higher rating is not warranted as his condition does not meet the criteria for a higher evaluation.

The Board finds that the appellant is entitled to recognition as the veteran's surviving spouse for VA benefits purposes due to her valid marriage and lack of fault in separation.

The Board has determined that recovery of the overpayment would not be against the principles of equity and good conscience, as neither the appellant nor VA were at fault in creating the debt. The evidence does not verify the appellant's income or expenses, or financial responsibility for dependent children.

The Board denied the veteran's claim of reopening his service connection for a skin disorder of the feet, finding that no new and material evidence had been presented.

The Board has remanded the case for additional development due to issues related to service connection and rating of flat feet.

The Board found no evidence to support a service connection for the veteran's lung disability, concluding that it is not related to his military service.

The veteran's claims for increased evaluations of his shell fragment wound disabilities have been denied as the evidence does not support a higher rating based on current disability levels.

The veteran's claim for an initial evaluation in excess of 10 percent for rectal seepage secondary to shrapnel wounds is denied. The evidence does not show frequent involuntary bowel movements, and the veteran wears diapers only at night.

The veteran's claim for service connection for periodontal disease was denied as he did not submit his claim within one year of discharge from active duty.

The Board has determined that the veteran is incompetent for VA purposes, and thus denied his claim of incompetence. The issue of an initial evaluation in excess of 20 percent for chondromalacia patella of the right knee remains pending.

The veteran's appeal is remanded for further development, including a VA examination and compliance with the Veterans Claims Assistance Act of 2000 (VCAA).

The Board has remanded the case for additional development, including a VA examination and correction of VCAA notice.

The Board denied service connection for a right lower extremity disability in May 2003. The June 2003 rating decision upheld this denial, finding that the evidence did not establish a current, chronic disability involving the right lower extremity linked to the veteran's in-service treatment.

The veteran's eligibility for automobile and adaptive equipment benefits has been granted due to the change in law allowing compensation under section 1151 to be treated as service-connected.

The Board denied the veteran's claim for service connection for multiple myeloma, finding that he did not have service in Vietnam and thus could not be presumed exposed to herbicide agents. The Board also found no direct evidence linking his condition to service or a service-connected disability.

The veteran's claim for special monthly pension (SMP) at the aid and attendance or housebound rate is being remanded due to inconsistencies noted during a previous VA examination. A new VA aid and attendance examination will be conducted, along with obtaining medical records from the VA's Pittsburgh Homemaker/Home Health Aide Program.

The veteran's claim for an initial evaluation in excess of 10 percent for spastic colitis was denied, but his earlier effective date for service connection was granted. Service connection was reopened based on new evidence submitted by the veteran and confirmed by a Board decision.

The Board has determined that the veteran's preexisting left leg disability was aggravated by service, and therefore grants service connection for a left leg disability.

The veteran seeks reimbursement for unauthorized medical treatment he received at a private facility. The VA Medical System denied the claim, citing lack of an emergency and availability of VA facilities. The Board has ordered further action to obtain records from Enloe Medical Center and provide reasons and bases for the decision.

The veteran's appeal is being remanded for additional development, including obtaining service medical records and scheduling a VA examination to address the nature and etiology of his alpha-1 antitrypsin deficiency.