Other conditions decisions — 2007

The Board has denied the veteran's claims for service connection for postoperative residuals, benign skin tumor, right upper eye lid; residuals of fracture, right 10th rib; and right hip and leg numbness and tingling. The veteran's claim for an initial compensable disability rating for chronic constipation is also denied.,The issue of entitlement to a higher than 10 percent disability rating for C5-6 disc herniation remains pending as the case has been remanded.

The Board denied the appellant's claim for basic eligibility for VA pension benefits based on his alleged service as a recognized guerrilla in the Philippine Commonwealth Army, finding no verification from an appropriate service department demonstrating such service.

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

The Board has determined that additional development is needed to determine if the veteran's service-connected peptic ulcer disease contributed to his death, and to obtain any relevant medical records.

The Board has granted the veteran's petition to reopen his claim for service connection for shin splints and has determined that he is entitled to service connection for this condition.

The Board has granted an initial disability rating of 10 percent for arthritis of the left foot, effective from April 1, 2004.

The veteran's appeal for a TDIU rating has been dismissed due to his death.

The Board denied the veteran's application to reopen his claim for service connection for a left leg disorder, finding that no new and material evidence had been submitted.

The veteran's service-connected residuals of fractured right little finger are productive of pain, limitation of strength, and a limitation of extension to no more than 45 degrees. The RO denied the claim for a compensable rating.

The appellant is not entitled to reinstatement of dependency and indemnity compensation as the divorced helpless child of the veteran due to the termination of her marriage by divorce, which does not meet the legal criteria for reinstatement under VA regulations.

The Board denied the veteran's claim for an earlier effective date of June 13, 2001 for a 100 percent evaluation for psoriatic arthritis, multiple joints. The decision found that no earlier effective date was warranted as there was no evidence of service connection prior to June 13, 2001.

The veteran's left fifth toe osteotomy is rated at a noncompensable (zero percent) rating. Service connection for the claimed knee and low back disorders, as well as headaches, are granted.

The appeal is dismissed as there are no remaining issues for review.

The veteran's request for an increased rating for his service-connected spondylolisthesis at L4-L5 is being remanded due to the need for a new hearing before a Veterans Law Judge.

The Board found no evidence of a chronic disability manifested by breathing and sleep problems during service or within one year post-service. The veteran's current symptoms are not presumed to be due to an undiagnosed illness.

The Board has granted an effective date of March 20, 1995 for the grant of service connection for delusional disorder.

The Board denied both issues: denial of a compensable evaluation for recurrent left ear infections and denial of reopening the claim for service connection for a disability of the left eye.

The case is being remanded to the RO for initial consideration of additional evidence provided by the appellant-widow. The VCAA notice requirements are also addressed.

The Board found that the appellant and the veteran were legally married but remained separated until the veteran's death. The separation was not due to the misconduct of, or procured by, the veteran without fault on the part of the appellant. Therefore, the appellant is not recognized as the surviving spouse for purposes of DIC benefits.

The Board has granted two separate 10 percent ratings for service-connected residuals embryonic cell carcinoma of the left testicle, based on two painful scars. The veteran's disability is rated as a result of surgical treatment and does not meet criteria for higher evaluations under other applicable diagnostic codes.