Other conditions decisions — 2007

The Board denied the appellant's claim for an effective date prior to May 1, 2003, as the law is dispositive and there was no legal entitlement to such a date.

The Board has determined that the evidence does not support a higher evaluation for the veteran's service-connected left shoulder disability, as his condition is productive of minimal limitation of motion and subjective complaints. The currently assigned 10 percent rating adequately compensates him for any loss of function.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a low back condition, and as such, service connection is granted.

The Board has determined that further development is needed to assess the current severity of the veteran's service-connected right upper extremity and buttock disabilities, including any neurological problems in his right hand. The AMC will obtain medical records from VA and private providers, as well as employment information from the U.S. Postal Service.

The veteran's request for a waiver of recovery of an overpayment of $13,406 in VA non-service-connected disability pension benefits was granted. The decision found that the criteria for waiver were met due to lack of fraud, misrepresentation, or bad faith on the part of the veteran and because recovery would be against equity and good conscience given the veteran's financial situation and distinguished service.

The Board has determined that the veteran's back disability warrants a 40 percent rating, effective September 26, 2003.

The veteran claims service connection for monoclonal gammopathy, which he believes is due to radiation exposure during World War II. The case is being remanded for further development and consideration of the claim.

The veteran's claim of an effective date prior to May 28, 1997 for a 10 percent evaluation for service-connected psychosis was granted. The original claim was filed in January 1971 and the current claim is considered a request for increase based on the finding of clear and unmistakable error (CUE) in the June 1971 rating action.

The Board has determined that the veteran's pyoderma gangrenosum of the ankles and feet is related to his active military service, granting the claim for service connection.

The Board has determined that further development of the evidence is needed before deciding this appeal, and thus the case is being REMANDED to the RO via the Appeals Management Center (AMC) in Washington, D.C. for additional development.

The veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 35, Title 38, United States Code was denied as he did not meet the eligibility criteria due to his age and the expiration of his modified delimiting date.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board found no service connection for the cause of death and denied basic eligibility for nonservice-connected death pension benefits due to lack of evidence linking the veteran's death to his military service.

The Board has determined that the evidence received since the January 1978 rating decision is not new and material, thus the claim of service connection for cause of the veteran's death may not be reopened.

The Board has determined that the veteran's emphysema was not incurred or aggravated during service and there is no competent medical evidence linking it to a disease, injury, or event of service origin. As such, the claim for service connection for emphysema is denied.

The Board has determined that the evidence received since January 1999 is not new and material, thus denying the appellant's claim to reopen her service connection for the cause of the veteran's death.

The case is remanded for the RO to consider additional medical records and take into account any new evidence before making a decision on the veteran's claim for an increased evaluation for his stomach disability.

The Board found that the veteran's lung disorder, which resulted in a lung transplant, is not related to his active military service or presumed exposure to herbicides.

The veteran's claim for a compensable rating for left shin splints was denied. The Board found that the evidence did not support an increased rating under any applicable diagnostic codes.

The veteran's abdominal pain, digestive disorder, and ventral hernia disabilities are rated at 10 percent each under the appropriate VA rating criteria. The adoptive child is not considered a dependent for VA benefits purposes.