Other conditions decisions — 2007

The Board has remanded the case for further development, including obtaining a VA examination and additional medical records. The veteran's service-connected costochondritis is currently rated at 10 percent.

The Board has granted a 30 percent evaluation for the veteran's muscle spasms of the right scapula area, effective January 17, 2006. The initial evaluation remains non-compensable.

The Board has determined that the veteran's right and left brachio-radialis tendonitis disabilities are not caused or aggravated by his service-connected lumbosacral strain.

The Board found that the veteran's cancerous large cell lymphoma is not shown to have been caused or aggravated by his active duty service, including exposure to asbestos.

The veteran's claim for an earlier effective date for his non-service-connected pension benefits was denied as it was not timely appealed and became final.

The VA determined that the veteran's service-connected intervertebral disc L5, post operative disability does not meet or approximate the criteria for a higher rating than 20 percent.

The VA has granted the appellant's claim for benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida, but assigned Level I benefits instead of the requested Level II. The case is being remanded to reassess the appellant's current level of disability due to his spina bifida.

The Board denied an earlier effective date for the grant of service connection for recurrent laryngeal carcinoma, status post total laryngectomy due to lack of evidence between April 5, 1999 and September 30, 2003 that could be construed as a claim to reopen his claim. The effective date is set at September 30, 2003.

The Board denied the appellant's request for waiver of recovery of an overpayment of dependency and indemnity compensation (DIC) benefits, finding that she should not have to repay the overpayment due to her remarriage.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for Crohn's disease, and thus the claim is granted.

The Board denied the veteran's claims for service connection for vertigo and initial ratings for his exercise-induced asthma and lumbosacral strain with degenerative arthritis of the lumbar spine. The claim for service connection for vertigo is pending as it was reopened on new evidence.

The veteran's Bright's disease is currently rated at 30 percent, and the VA has requested additional evidence to determine if his condition warrants a higher rating.

The Board has determined that new and material evidence was not received to reopen the veteran's claim for service connection for post-traumatic stress disorder, resulting in a denial of the reopening of the claim.

The Board has ordered the case to be remanded due to deficiencies in VCAA notice and the need for a VA examination.

The Board has determined that the veteran's service records need to be verified and additional medical evidence is required before a decision can be made on his claim for service connection for back injuries.

The veteran's appeal was dismissed because he did not file a timely substantive appeal regarding the denial of his application for Service Disabled Veteran's Life (RH) Insurance.

The VA determined that the veteran's service-connected hayfever does not meet the criteria for a compensable disability rating, as it has not resulted in any incapacitating episodes requiring prolonged antibiotic treatment or three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The veteran withdrew his appeal for service connection for bad arch, right foot.

The Board dismissed the appeal because a timely notice of disagreement was not filed within one year of the RO's decision denying the veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits.

The veteran's appeal was dismissed due to the death of the appellant.