Other conditions decisions — 2006

The veteran's appeal was denied as he is not entitled to more than six months of educational assistance under Chapter 30, Title 38, United States Code due to his limited period of active service.

The veteran claims service connection for a gait disorder with upper motor neuron signs and/or bilateral white matter ischemic changes, allegedly caused by exposure to ionizing radiation during military service. The Board has ordered further development including obtaining medical records and verifying in-service exposure.

The Board found that the veteran's back problem was either caused by or exacerbated by military duty, and granted service connection for residuals of a postoperative discectomy at L3-L4.

The Board found that the February 2005 decision letter did not satisfy the appellant's Notice of Disagreement and remanded the case for issuance of a Statement of the Case addressing the issue of entitlement to a rate greater than $66.60 for parents' Dependency and Indemnity Compensation (DIC) as of February 1, 2005.

The VA determined that the veteran's residuals of excision of a pilonidal cyst warrant a 10 percent rating, which is the maximum schedular rating under Diagnostic Code 7804.

The Board denied the veteran's claim for payment or reimbursement of unauthorized private emergency room treatment on January 11, 2001 due to lack of a medical emergency and the fact that VA facilities were not feasibly available.

The veteran's claim for an increased rating for his service-connected T-12 compression fracture with spondylosis is being remanded due to the need for additional VA medical records and a new examination.

The Board has determined that the veteran's Charcot-Marie-Tooth disease was aggravated by his military service, and thus grants service connection for this condition.

The Board denied the veteran's claim for service connection for a gastrointestinal disability and found that new and material evidence had not been submitted to reopen his claim for hearing loss.

The Board has granted service connection for a duodenal ulcer, finding that the condition is at least as likely as not related to service.

The veteran's appeal is being remanded for additional development, including obtaining medical records and arranging a VA examination to determine the nature and etiology of any left leg disorder.

The Board has granted service connection for post traumatic stress disorder.

The Board denied a rating in excess of 30 percent for the veteran's residuals of a left foot shrapnel wound, finding that the evidence did not show loss of use of the foot. The Joint Motion requested an evaluation under Code 7804 (painful scars) as a separate and distinct manifestation of the left foot injury.

The veteran's benign cystic lesions of the left breast are rated at 10 percent, and the claim for an increased rating is denied.

The Board denied service connection for a blood disorder, as the evidence does not support a link between the claimed condition and active military service or exposure to ionizing radiation.

The Board has granted the veteran's claim for service connection for residuals of cold injuries, shell fragment wounds, and phosphorus burns. The effective date is set at October 16, 1951, based on the date of receipt of his December 2, 1951, claim. Higher ratings are being referred to the RO for further consideration.

The Board has determined that the veteran does not have a current cardiac disability and therefore, service connection for this condition is denied.

The Board has denied the veteran's claim for service connection for a nervous disorder, previously diagnosed as passive-aggressive personality, aggressive type, finding that there is no evidence of a chronic psychiatric condition during or immediately following service and that any current symptoms are not related to service.

The veteran's claim for an increased rating for residuals of a shell fragment wound of the right lower leg was denied, as his condition is currently rated at the maximum allowable under Diagnostic Code 5311. The claim for an initial evaluation in excess of 10 percent for residual injury to tibial nerve and deep peroneal nerve, right lower leg, was also denied.

The Board denied the appellant's claim for waiver of overpayment of VA widow's pension benefits, finding that recovery would not be against equity and good conscience due to her fault in creating the debt.