Other conditions decisions — 2007

The veteran's claim for reimbursement of unauthorized medical expenses incurred at Swedish American Health System is being remanded due to the need for additional development regarding the feasibility and safety of transferring her from a VA facility.

The Board found that the veteran's leg sores were not incurred in or aggravated by service, and as there is no positive association between exposure to herbicides and any condition for which the Secretary has not specifically determined a presumption of service connection is warranted, the claim was denied.

The Board has remanded the case for additional development due to missed VA examinations and requests for a review of the claims file. The appellant's claim is pending as he seeks service connection for multiple joint pain, which may be related to undiagnosed illness in the Persian Gulf War.

The Board has determined that the veteran's gunshot wounds to the chest and left arm warrant increased ratings, with a 60 percent rating for residuals of a gunshot wound to the chest and separate 10, 20, and 20 percent ratings for residuals of gunshot wounds to the left arm.

The Board has granted a 30 percent rating for the pleural cavity injury as a shell fragment wound, effective from the date of the decision.

The Board denied a higher rating for IVDS from February 12, 1992 to April 17, 2002 and denied an earlier effective date for the grant of TDIU.

The VA determined that the veteran's mitral valve prolapse with chest pains does not warrant a higher disability rating, as his current workload is greater than 5 METs but less than or equal to 7 METs, and he has not experienced episodes of congestive heart failure.

The Board found that the reduction of the veteran's rating from 20% to 10% for his service-connected status post right eye injury was proper, as the evidence showed improvement in his condition and he no longer met the criteria for a higher rating.

The Board denied the veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits, finding that fault was on the part of the veteran and that recovery would not be against equity and good conscience.

The Board denied the veteran's claims for service connection for the cause of his death and eligibility for Dependents' Educational Assistance under Chapter 35, finding that there was no competent evidence linking any service-connected disability to his death.

The Board found that the appellant was at fault in creating the overpayment of death pension benefits, and thus denied her request for a waiver.

The Board has determined that the veteran is entitled to a 30 percent rating for his service-connected ulcerative colitis, which includes symptoms of alternating diarrhea and constipation. The veteran's gastritis was also considered but did not warrant an additional rating.

The Board has remanded the case to the RO for consideration of additional evidence submitted by the veteran, and a Supplemental Statement of the Case must be issued.

The Board has decided to remand the case for additional development, including obtaining medical records and arranging for a VA examination.

The Board has denied the claim as there is no new and material evidence to reopen a final denial of benefits for spina bifida.

The VA denied service connection for polyarthralgia of the bilateral lower extremities, finding that there was no evidence linking the condition to active duty.

The Board has remanded the case for additional development due to missing service records and treatment records. The veteran's claims for right leg pain and burns to his face, eyes, and left hand are being reviewed.

Throughout the rating period on appeal, the veteran's spondylolisthesis of L5-S1, residuals of L5-S1 laminectomy, discectomy and intervertebral partial fusion has been manifested by subjective complaints of pain, productive of no more than moderate limitation of motion. The Board found that there was no demonstration by clinical evidence of neurological impairment.

The Board denied reopening the veteran's claims for service connection for residuals of a back injury and digestive condition due to lack of new and material evidence.,No current medical evidence was provided that supports the veteran's claim for service connection in either case.

The Board has reopened the veteran's claim and granted service connection for Friedreich's ataxia, finding that it had its onset in service.