Other conditions decisions — 2006

The veteran withdrew his appeal regarding the recognition of his son as a 'child' based on permanent incapacity for self-support prior to age 18.

The veteran's service in the Commonwealth of the Philippines prior to July 1, 1946 is not considered active military service for VA purposes. Therefore, the appellant does not meet the requirements for nonservice-connected death pension benefits.

The Board has determined that the appellant and veteran were validly married for a period of time prior to the veteran's death, which satisfies the requirements for recognizing the appellant as his surviving spouse.

The Board denied the veteran's claim for an earlier effective date for service connection of peptic ulcer disease, finding that the earliest effective date was March 31, 1999.

The veteran's claim for waiver of recovery of an overpayment of disability compensation in the amount of $8,777.20 is granted due to VA's fault in not reducing or discontinuing his disability compensation award based on school attendance of a child.

The veteran's claims for initial compensable and excess of 10 percent ratings for pancreatitis are being remanded due to the need for additional development, including obtaining medical records and providing the veteran with a VA examination.

The Board found that the veteran's current foot disabilities were not incurred in or aggravated by active military service and denied his claim for service connection.

The Board has ordered additional development of the veteran's medical records, specifically blood tests from the VA Medical Center in New Orleans and Baton Rouge. The case will be returned to the Board for further consideration after these records are obtained.

The Board has determined that there is no evidence to support the claim of service connection for the cause of the veteran's death, and thus denied the claim.

The Board previously denied the accrued benefits claim, but due to a new legal precedent (Terry v. Principi), the case is being remanded for further review by the RO.

The veteran's appeal is denied as there is no legal basis for the assignment of an effective date earlier than May 1, 2004 for the addition of his current wife, [redacted], as his dependent spouse.

The Board denied the veteran's request for waiver of recovery of an overpayment of Chapter 31 vocational rehabilitation benefits, finding that fault lay with the veteran and denying the claim due to lack of undue hardship.

The veteran's service-connected left shoulder disorder is currently rated at 50 percent disabling, effective March 20, 2002. The Board found that the disability picture more nearly approximates limitation of arm motion to 25 degrees from side for the period prior to March 20, 2002.

The Board has ordered a remand for an adequate VA examination to determine the current severity of the veteran's right knee disorder, including instability and functional ability during flare-ups or when used repeatedly over a period of time. The case must also be reviewed for any extraschedular rating due to missing work hours.

The Board denied the veteran's claim for service connection for defective vision, finding no evidence of an injury or disease during service and insufficient medical evidence to link current vision problems to service.

The Board found that the veteran's death was not caused by a service-connected disability and denied his claim for service connection for the cause of his death.

The Board has determined that a rating of 30 percent for metatarsus primus with hallux valgus, right foot, status post osteotomy is granted effective June 28, 2001. A higher rating in excess of 30 percent from May 28, 2004 is denied.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) as there was no verified in-service stressor and insufficient evidence to support a diagnosis of PTSD related to her service.

The Board finds that the veteran does not have a service-connected noncompensable dental condition or disability as a result of service trauma to tooth #30, and therefore is not entitled to VA outpatient treatment for this condition.

The Board denied the veteran's claim for service connection for a uterine fibroid, finding that there was no competent evidence demonstrating that the condition developed as a result of in-service symptomatology or pathology.