Other conditions decisions — 2007

The Board has granted an effective date of March 2, 1999 for the grant of DIC under 38 U.S.C.A. � 1151 and denied entitlement to Survivors' and Dependents' Educational Assistance (DEA) benefits under 38 U.S.C.A. Chapter 35.

The Board denied the appellant's request for a waiver of recovery of an overpayment of $640.00 in unwarranted death pension benefits, finding that recovery would not be against equity and good conscience.

The Board has determined that the veteran's deviated nasal septum existed prior to service and was not aggravated during service. Therefore, the claim for service connection for residuals of injury to the nose is denied.

The Board has remanded the case for further development and evaluation of the veteran's service-connected Bell's palsy and residuals of a pilonidal cyst on his tailbone. The RO should evaluate these conditions under all applicable criteria, including those for evaluating scars.

The Board has reopened the veteran's claim of entitlement to service connection for pseudoxanthoma elasticum due to new and material evidence, but no rating or effective date is assigned as the issue remains pending.

The Board found that the appellant's dishonorable discharge from service is a bar to VA benefits.

The Board found that the preponderance of evidence does not support service connection for strong chest pain, as there is no medical opinion linking the veteran's current condition to his military service. The claim for an increased initial rating for Generalized Anxiety Disorder was also denied.

The Board denied the veteran's request for waiver of overpayment of improved pension benefits, finding that recovery would not be against equity and good conscience.

The RO has not reviewed all documents relied upon in adjudicating the appellant's claim, including information from her own application and a December 1992 letter. The case is being remanded to ensure these documents are associated with the record.

The Board found that the veteran's Charcot-Marie-Tooth disease was not incurred or aggravated by active service and denied his claim for service connection.

The appellant's representative requested a hearing before the Board of Veterans' Appeals (BVA), but later changed their mind. The case is being remanded for scheduling a hearing at the RO and returning the claims file to the agency of original jurisdiction.

The Board found that the veteran's current back disability is not etiologically related to an injury incurred during active service.

The Board has determined that the veteran's claimed bladder and urinary problems, allergies, and sneezing are not related to VA treatment. The claim for compensation under 38 U.S.C.A. § 1151 is denied.

The veteran's claim for payment or reimbursement of medical expenses incurred at the Dundy County Hospital from February 17, 2003 to February 19, 2003 has been fully satisfied and all claims have been paid in full.

The Board found that the appellant's speech disorder pre-existed service and was not aggravated by any incident during his short period of active duty for training (ACDUTRA). Therefore, service connection cannot be granted.

The veteran's appeal for an increased evaluation of his service-connected herniated intervertebral disc, L5-S1 was dismissed due to the death of the veteran.

The Board denied the veteran's claims for increased ratings for her chondromalacia of the right patella, finding that she was not entitled to a compensable rating prior to June 9, 2003 and did not meet criteria for higher ratings from that date onward.

The Board found that the veteran's residuals of fracture of the thoracic spine are manifested by complaints of pain, with functional ability comparable to range of motion in excess of 30 degrees forward flexion. The disability is rated at 20 percent based on definite limited motion or muscle spasm.

The Board has remanded the case for additional development, including a new VA examination to determine if the veteran currently suffers from a chronic gynecological disability and whether it is related to her active duty service.

The VA determined that the veteran's muscle strain of the right rhomboid and trapezius muscles warrants a 20 percent evaluation, effective from August 22, 2001. The condition does not meet criteria for higher evaluations based on severity or other service connection theories.