Other conditions decisions — 2007

The Board denied the veteran's claims for increased ratings for intervertebral disc syndrome, finding that the evidence did not meet the criteria for a rating in excess of 20 percent prior to January 8, 2004 or a rating in excess of 60 percent beginning on that date.

The Board has determined that the veteran's service-connected defective vision of the left eye warrants a maximum rating of 30 percent, as anatomical removal or blindness in both eyes is not shown.

The Board found that the evidence submitted since the January 2000 decision did not raise a reasonable possibility of substantiating the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran does not have a current gastrointestinal disability and therefore, service connection for a stomach disability manifested by constipation and irregular bowel movements is denied. The other issues on appeal are also addressed.

The veteran's right ankle disability, characterized by chronic pain and swelling, is rated at 10%.,The veteran's right elbow disability, including ulnar tunnel syndrome, is also rated at 10%. However, the issue of increased rating for the elbow was denied.

The Board has determined that the veteran's claim to reopen his service connection for fungal infection of the feet requires additional development, including compliance with VCAA requirements and retrieval of VA medical records. The case is being remanded to the RO.

The veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the veteran for examinations to assess his service-connected gastrointestinal and skin disabilities.

The Board denied the appellant's claim for improved pension benefits due to her excessive countable income, even after applying a hardship exclusion.

The Board has decided to remand the case for further action, including obtaining medical records and verifying radiation exposure during service.

The veteran's claim for a schedular rating in excess of 40 percent for herniated nucleus pulposus L-5, S-1, post-operative was denied. The RO found that the evidence did not document any incapacitating episodes or unfavorable ankylosis during the previous twelve-month period.

The Board found that the veteran's condition did not constitute an emergency, and VA facilities were feasibly available for treatment. Therefore, payment or reimbursement of unauthorized medical expenses incurred at a private facility on December 12 to 13, 2001 was denied.

The Board has denied the claim for recognition of C. as a helpless child of the veteran due to the fact that C. was not permanently incapable of self-support prior to his 18th birthday.

The veteran's request for a waiver of an overpayment of disability benefits was denied because the preponderance of evidence indicated he had collected benefits to which he was not entitled, resulting in unjust enrichment and unfair gain.

The VA denied an increased rating for service-connected costochondritis of the left chest, finding that there were no disabling symptoms to warrant a compensable evaluation.

The Board has determined that the appellant is not eligible for restoration of nonservice connected death pension as a matter of law due to her remarriage and subsequent termination after November 1, 1990. The appeal is denied.

The Board has determined that the November 30, 1955 VA rating decision denying service connection for a duodenal ulcer was clearly and unmistakably erroneous due to an error in determining that the presumption of aggravation had been rebutted. As a result, the veteran's claim is granted.

The VA determined that the veteran's current bilateral visual field impairment was not caused by VA's failure to diagnose a cerebral vascular accident on July 31, 2003. The Board found that the evidence did not support the claim.

The Board has determined that the veteran's cause of death was not caused by his exposure to herbicides in Vietnam, and therefore denied the claim for service connection for the cause of the veteran's death.

The Board has dismissed the appeal due to the appellant's death.

The Board previously found the veteran not competent for VA purposes based on a September 2002 VA psychiatric examination. The Court of Appeals for Veteran's Claims (Court) has ordered a remand to provide the veteran with a thorough and contemporaneous VA examination, take into account prior medical treatment records, and notify him about what type of evidence would substantiate his claim.