Other conditions decisions — 2007

The Board found that the appellant received and negotiated payment for death pension benefits from January 1, 1997 to March 1, 1998. Due to her remarriage in July 1997, she was no longer eligible for death pension benefits as a surviving spouse. The overpayment of $4,314.00 is valid and denied.

The Board has remanded the case for further development due to missing SSA records.

The Board denied an increased disability rating for the veteran's service-connected left lower extremity neurological manifestations due to his herniated nucleus pulposus of L5-S1, postoperative. The condition is currently rated at 20 percent.

The Board found that the veteran's right lower extremity injury did not worsen during service and denied his claim for service connection.

The veteran's appeal has been withdrawn due to his request for withdrawal of the appeal.

The Board has found that the veteran's currently demonstrated irritable bowel syndrome (IBS) is likely as not to have had its clinical onset during his period of active service, and thus grants service connection for IBS.

The veteran's service-connected nervous condition, manifested by symptoms such as depression, anxiety, suicidal ideation, and impaired social relationships, meets the criteria for a 70 percent rating under the General Rating Formula for Mental Disorders.

The veteran's claim for additional benefits for his dependent children L. and W., from 1978 to 1989, was denied as the earliest date of receipt of VA Form 21-686c with SS numbers for children L. and W. was in February 2002, which is beyond the one-year deadline.

The Board has determined that the evidence does not support a rating in excess of 20 percent for the veteran's service-connected duodenal ulcer.

The Board has granted service connection for the veteran's stomach disorder and sleep disorder, finding that these conditions are related to military service. The medical evidence shows current diagnoses of both disorders, with the stomach disorder first noted shortly after separation from active duty.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for gastroenteritis. The claim will now be considered on its merits.

The VA determined that the veteran's right and left knee conditions, specifically chondromalacia patella, do not warrant a rating in excess of 10 percent.

The Board has determined that the veteran's claims for service connection for CML, anemia, degenerative disc disease of the lower back, and a disability manifested by shortness of breath cannot be substantiated as these conditions are not presumed to be related to herbicide exposure in Vietnam.

The veteran's claims for increased ratings and a temporary total rating due to convalescence period were denied. The RO confirmed the noncompensable evaluation for right inguinal hernia effective March 10, 1997 and assigned an initial 10 percent evaluation from July 24, 2002 to June 1, 2003. However, there is no medical evidence supporting a higher rating during these periods.

The Board has dismissed the veteran's appeals for service connection for bilateral hearing loss, tinnitus, vertigo, and a low back disorder due to his withdrawal of these claims.

The veteran's service-connected neurosis is currently evaluated at a 30 percent rating, and the Board finds that this rating is appropriate given his symptoms of moderate anxiety, depression, and irritability.

The Board has determined that the veteran's service-connected back disability warrants a rating of 20 percent, effective from the date of his claim.

The Board denied service connection for residuals of a back injury as the evidence did not support a link between the current low back disability and either the claimed 1942 injury or the wound in the thoracic area during service.

The Board found that the veteran's left eye disability, which was noted at the time of enlistment and not corrected, did not increase in severity during service. The claim is denied as there is no evidence of aggravation or superimposed disease.

The Board has granted a 20 percent disability evaluation for the partial distal right thumb amputation since July 23, 2002. The claim for an initial compensable evaluation for the right knee disorder is remanded.