Other conditions decisions — 2007

The veteran's Crohn's disease is rated at 30 percent, and his arthralgia/arthritis from April 7, 2005 to January 2, 2006 warrants a 40 percent rating. For the period beginning January 3, 2006, he receives separate ratings for various joints.

The Board has granted a waiver of overpayment for $1,142.78 due to mitigating circumstances related to the veteran's service-connected back and stomach disabilities. The overpayment of $320.73 was denied as it resulted from the veteran's failure to inform VA about his withdrawal from a course.

The Board denied the veteran's claim for service connection for the cause of his death due to metastatic liver cancer, finding no evidence linking it to service or herbicide exposure.

The Board has remanded the case for further examination and development of evidence to determine if the veteran's current neurological deficits are related to his spinal cord injury incurred in 1994.

The Board has determined that the veteran does not meet the criteria for higher disability evaluations for patellofemoral pain syndrome of the right and left knees, as there is no evidence of ankylosis or significant instability. The initial ratings have been denied.

The Board has remanded the case for further development, including obtaining a VA examination to determine if the veteran's stomach disorder is related to his service-connected disabilities or caused by any other condition.

The Board has determined that the veteran abandoned a January 2001 claim and that correspondence received in August 2002 is the date of a 'new' claim. He is entitled to an effective date as of the date of the liberalizing law, but no earlier.

The veteran's claim for educational assistance under Chapter 30, Title 38, United States Code is denied because she did not serve at least three years of continuous active duty.

The Board denied the veteran's claims for an increased rating for his service-connected thoracolumbar spine disability and denied his claim for service connection for disabilities of both hips, both legs, the cervical spine, and the trapezius muscles.

The Board denied the appellant's application to reopen her previously denied claim for service connection for the cause of the veteran's death, finding that new and material evidence had not been submitted.

The veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and addressing a claim of clear and unmistakable error in a previous rating decision.

The Board denied the veteran's claims for increased ratings for his service-connected left hand disability and ulnar nerve paresthesia, finding that the evidence did not support a higher rating under any applicable diagnostic codes.

The Board has denied the veteran's claims for service connection for arthritis of the right hand and fingers, as well as his claim for an initial compensable rating for mitral valve prolapse. The evidence does not support a finding of current disability in either condition.

The VA determined that the veteran forfeited all rights, claims and benefits under laws administered by VA due to his submission of a fraudulent birth certificate in support of claiming M. E. L. as his dependent child.

The VA denied a rating in excess of 10 percent for the veteran's residuals of right foot bunionectomy, finding that the condition warranted only this maximum schedular rating.

The veteran died from a service-connected condition, but the appellant is seeking burial benefits. The appeal for burial benefits was denied as there was no evidence of service connection at the time of death.

The Board has determined that the veteran's claimed stomach disorder is not related to his period of service and therefore denied his claim for service connection.

The VA denied an initial rating in excess of 10 percent for right ilioinguinal neuritis, finding that the current symptoms do not warrant a higher evaluation based on functional loss due to pain.

Your service-connected residuals of cold injury to the hands and feet have been rated as noncompensable since April 30, 2003. Effective from that date, you are now assigned a 10 percent rating for each hand and foot condition.,The evaluations are based on your symptoms of pain, numbness, and cold sensitivity.

The Board has determined that the appellant's appeal to reopen her claim of service connection for the cause of the veteran's death is dismissed due to a lack of timely filing of a substantive appeal.