Other conditions decisions — 2007

The Board found that new and material evidence had not been submitted to reopen the appellant's claim for benefits due to forfeiture of VA benefits, as her statements regarding remarriage were considered fraudulent.

The Board found that the veteran's current bilateral jaw disorder was not incurred in or aggravated by active military service and denied his claim.

The veteran's service-connected residuals of a fractured left tibia and fibula have been productive of marked impairment from January 17, 2002 to the present. The RO has granted an increased rating to 30 percent for this condition.

The veteran's application for enrollment in the VA healthcare system was denied due to not meeting the basic eligibility requirements, specifically being assigned to priority group 8 and not having any service-connected disabilities.

The Board has determined that the appellant's net worth is a bar to receiving death pension benefits due to her having sufficient resources to cover her living expenses.

The Board has determined that the veteran's CIDP is etiologically related to his active service and grants service connection for CIDP.

The VA determined that the veteran's bilateral leg disability, including pain and swelling, is not related to his service or exposure to herbicides like Agent Orange.

The Board has determined that the effective date for the payment of disability compensation for service-connected bilateral chorioretinitis is February 10, 2000.

The Board has determined that the veteran's service-connected gastrointestinal disorder manifested by duodenal ulcer warrants a maximum schedular evaluation of 60 percent, effective from the date of the initial award of service connection.

The Board has remanded the case for additional development and due process concerns, including obtaining treatment records from Dr. Donald H. Kearns and the veteran's VA treatment facility.

The veteran's claims for service connection and initial compensable ratings are being remanded due to the need for additional medical evaluations and records.

The VA found that the veteran's right index finger amputation was not due to carelessness, negligence, or similar fault by VA. The Board agreed with this finding.

The Board found that the veteran's service-connected right total hip replacement and subsequent E. coli infection did not cause or contribute to his death from upper gastrointestinal bleeding and myelodysplastic syndrome.

The Board has determined that recovery of the overpayment in the amount of $16,680.90 would not be against equity and good conscience.

The Board has granted an increased disability rating of 50 percent for the veteran's service-connected conversion disorder, effective from the date of the September 1993 decision granting service connection.

The veteran's sleep disturbances are not service-connected due to a known medical diagnosis. The veteran's motor tics, however, are presumed to be related to his military service.

The veteran's waiver request for a $13,476 overpayment of nonservice-connected disability pension was denied due to bad faith in failing to report his receipt of Social Security Administration (SSA) benefits.

The veteran requested a change in his vocational rehabilitation training program to pharmacy, despite it being deemed infeasible due to his service-connected disabilities. The case is remanded for further development and consideration of the request.

The Board denied the veteran's petition to reopen his claim for service connection for hidradenitis (as a residual of a neck injury) because new and material evidence was not submitted.

The Board denied the veteran's claims for an initial, compensable rating for status post inguinal hernia and service connection for a left testis condition. The only residual from his in-service right orchiectomy was noted as a nonsymptomatic groin scar.