Other conditions decisions — 2006

The veteran's appeal is being remanded due to issues of service connection for COPD, chronic emphysema, and chronic traumatic lobectomy residuals. The case will be adjudicated again after addressing these issues.

The Board has determined that the veteran's unexplained swelling of both hands and feet did not begin as a consequence of active service, and thus denied his claim for service connection.

The Board has granted a waiver of recovery for an overpayment of $566.64 in nonservice-connected pension benefits, finding that repayment would cause undue financial hardship and is against equity and good conscience.

The Board denied the appellant's claim for an extension of his delimiting date beyond April [redacted], 2002, for educational assistance benefits under Chapter 35 due to the regulatory criteria and legal precedent governing eligibility for these benefits being clear and specific.

The Board denied the veteran's claim for an earlier effective date of total disability rating based on individual unemployability (TDIU) prior to September 29, 1999.

The Board has determined that the veteran's service-connected left femoral neck stress fracture and iliotibial band syndrome of the left knee warrant a grant of service connection. The initial evaluation for the iliotibial band syndrome is denied as it does not meet the criteria for an increased rating.

The VA has determined that the appellant's service-connected residuals of shell fragment wound to the left chest do not meet the criteria for a compensable evaluation.

The veteran's angioedema is rated at 10 percent, and the Board finds no basis to grant a higher rating.

The Board denied the reopening of a claim for service connection for right inguinal hernia due to lack of new and material evidence.

The Board has remanded the case due to incomplete service personnel records and the need for further investigation regarding the veteran's claimed Agent Orange exposure.

The Board denied the veteran's claim of service connection for residuals of a left eye injury, finding that there is no competent evidence linking his current left eye disorder to his in-service injury.

The Board has determined that the veteran's left leg disability existed prior to service and was not aggravated by active duty. Therefore, the claim for service connection is denied.

The Board denied the veteran's claim for a higher disability rating for his service-connected gunshot wound to the right thigh with retained foreign bodies, finding that the evidence did not support a higher rating based on the current symptoms and findings.

The Board denied the veteran's claim for nonservice-connected pension benefits due to a lack of qualifying service, as his service before July 1, 1946 did not qualify him for VA pension based on his period of service.

The Board has determined that the veteran's current neck and cheekbone conditions are related to his service in 1969, resulting in a grant of service connection for both conditions.

The Board denied service connection for a stomach disorder and the evaluation of hypertension, finding no evidence linking current conditions to service.

The Board found that the reduction in ratings for the veteran's service-connected residuals of a vertebral fracture was warranted due to sustained, material improvement in his condition. However, the requirements for restoration were not met.

The Board denied the veteran's claim for an increased rating for residuals of a right hallux dislocation, finding that the disability manifested by pain and limited motion did not warrant a higher than 10 percent rating.

The Board denied the veteran's claim for service connection for basal cell carcinoma, finding that it was not incurred during service and could not be presumed due to herbicide exposure in Vietnam. The evidence did not support a link between his period of service and the development of the condition.

The Board found that there is no current right foot disability and denied the veteran's claim of entitlement to service connection for a disability manifested by right foot numbness, secondary to his service-connected low back disorder.