Other conditions decisions — 2006

The Board has determined that the veteran's current hand, foot, or leg disorders are not etiologically related to his claimed in-service cold weather exposure and may not be presumed to have been incurred therein.

The Board has found that new and material evidence has been submitted to reopen the veteran's claim of service connection for cataracts. The case is now remanded for further development.

The Board denied the veteran's request for waiver of recovery of an overpayment of compensation benefits in the amount of $5,250 due to his actions in creating the debt and lack of fault on VA's part. The decision also noted that recovery would not result in undue hardship or defeat the purpose of the benefits.

The Board has determined that the veteran's right little finger disorder and fracture of the ring finger are not service-connected.,Regarding his back injury, the Board found no evidence of moderate limitation of motion or muscle spasm on extreme forward bending.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence showing a disease or injury of service origin contributed to the veteran's death.

The Board denied the veteran's appeal for additional compensation for a dependent mother due to his incarceration and conviction of a felony, finding that the reduction in disability compensation benefits to the ten percent rate was proper under the provisions of 38 U.S.C.A. § 5313.

The Board has determined that the reduction in rating from 30 percent to 10 percent for fracture residuals of the right tibia was improper and restored the original 30 percent rating.

The Board has denied the claim of service connection for the cause of the veteran's death, finding that neither his service-connected intercostal neuralgia nor any other service-connected condition contributed to his lung cancer and subsequent death.

The Board has awarded a 10 percent evaluation for the veteran's residuals of a left ulnar nerve transplant, finding that his symptoms are not considered moderate and do not warrant an evaluation in excess of 10 percent.

The veteran is seeking to reopen his claim for service connection of hidradenitis, which he claims was a residual of a neck injury sustained during military service. The VA has requested additional evidence and will review the case based on new information provided by the veteran.

The Board has granted the veteran's claim to reopen his service connection for Crohn's disease, finding that new and material evidence supports a secondary service connection based on PTSD.

The Board has denied the veteran's claims for an initial compensable rating for impotence secondary to diabetes mellitus and entitlement to special monthly compensation (SMC) for loss of use of a creative organ. The evidence does not show that the veteran meets the criteria for either benefit.

The Board found that the reduction in the veteran's non-service-connected pension benefits based on his receipt of a GSIS pension was valid, as it applied the correct exchange rate from the Department of the Treasury.

The Board denied the veteran's request to reopen her claim for service connection for overuse syndrome of the right leg, finding that the evidence submitted did not constitute new and material evidence.

The Board has remanded the case for additional development due to incomplete medical records and a need for further examination.

The Board has ordered the VA to obtain relevant medical records and provide proper VCAA notice before readjudicating the claim for service connection for the cause of death.

The VA denied the veteran's claim for a higher evaluation for his lumbar spine disability, finding that it did not meet the criteria for a rating in excess of 20 percent.

The Board granted a 10 percent evaluation for the service-connected status post right elbow fracture and laceration as of February 20, 2003. The effective date was set at January 22, 2003.

The Board has remanded the veteran's claims for service connection due to insufficient VCAA notice, and will need to provide proper notification before re-adjudicating the issues.

The Board denied the veteran's claims for service connection for the cause of his death and Dependents' Educational Assistance (DEA) under Title 38, United States Code, Chapter 35.