Other conditions decisions — 2006

The Board has determined that the veteran's service-connected conversion hysteria does not warrant a compensable rating as it is currently asymptomatic.

The Board has granted service connection for Systemic Lupus Erythematosus (SLE) and is granting the claim of service connection for residuals of a right hip replacement, finding that it is at least as likely as not that SLE was first manifest during service. The claim of service connection for PTSD remains denied due to lack of diagnosis.

The Board denied the veteran's claim for service connection for a rectal abscess, finding that it was not incurred in or aggravated by active service and may not be presumed to have been incurred due to exposure to Agent Orange. The evidence did not show any relationship between the current condition and his military service.

The Board has determined that the appellant did not file a timely substantive appeal on her claim for service connection for the cause of the veteran's death, and therefore, the claim is dismissed.

The veteran submitted new evidence showing that he was not at fault in a head injury incident and that the VA Medical Center offered him compensation. The Board found this new evidence sufficient to reopen the claim.

The Board denied service connection for degenerative joint disease of the left and right hips, as well as left and right leg injuries, due to a lack of evidence linking these conditions to service. The veteran's current hip problems are not shown to be related to his time in active duty.

The Board has determined that the appellant's claim requires additional development due to inadequate VCAA notice and a need for a new VA examination.

The Board found that the overpayment of VA compensation benefits was properly created due to administrative error. The veteran is entitled to a partial waiver for $3,812 and the remaining overpayment will not be recovered as it would result in undue financial hardship.

The Board has determined that the veteran's residuals of a right scapula area shell fragment wound do not meet the criteria for a higher evaluation, as they are currently manifested by mild spasm without limitation of motion or evidence of fatigability or incoordination.

The Board has denied the veteran's claims for service connection for an eye disorder, a higher initial evaluation for diabetes mellitus, and an earlier effective date for TDIU.

The Board has remanded the case for additional development, including providing VCAA notice and a VA examination to determine if the veteran's current skin disorder is related to his service.

The Board has determined that the veteran's congestive heart failure is not related to his service-connected residuals of meningitis and thus denied the claim for service connection.

The Board has granted a 40% evaluation for the veteran's ruptured posterior capsule, right eye condition as it is considered to be equivalent to anatomical loss of one eye.

The Board found that the appellant did not meet the criteria to be recognized as a surviving spouse for VA DIC, death pension benefits and accrued benefits purposes due to her marriage being less than one year prior to the veteran's death.

The veteran's adjustment disorder with depressed mood was granted service connection and assigned a 10 percent disability rating effective September 23, 2005. The claim for PTSD remains pending.

The veteran withdrew his claim concerning whether counting certain unearned income for calendar year 2000 was correct, and the appeal is dismissed.

The veteran's request for waiver of overpayment was denied because it was not made within the required 180-day period following notification of the overpayment.

The Board has determined that the veteran's claims for increased disability evaluations for intervertebral disc syndrome and a healed fracture of the left leg are denied. The current ratings assigned do not meet the criteria for higher ratings under applicable diagnostic codes.

The Board denied the veteran's request for an earlier effective date for his TDIU, finding that the new evidence submitted did not raise a reasonable possibility of substantiating the claim.

The Board has granted an increased rating to 10 percent for the veteran's residuals of removal of osteochondroma of the right foot with tendinitis, post-operative osteotomy, tenotomy of the second digit, and partial resection of the arthroplasties of the second and third digits. The left foot condition remains at a noncompensable rating.