Other conditions decisions — 2007

The Board has determined that the veteran's chronic nocturia, which manifested during service and is currently rated at a 10% disability level, can be considered as due to an undiagnosed illness. Therefore, service connection for this condition is granted.

The veteran's claim for an increased evaluation of his service-connected frozen feet disability was granted with effective date of August 13, 1998.

The Board has granted an initial 10 percent evaluation for the veteran's residuals of right pubic bone fractures based on objective findings showing pain and limited motion in her thigh flexion.

The Board found that the veteran's death from pancreatic cancer was not caused by exposure to ionizing radiation during service, and thus denied the claim for service connection.

The veteran's permanent and total service-connected disability rating became effective in June 2002, but the appellant was no longer a member of the veteran's household at that time. Therefore, she does not meet the eligibility criteria for Dependents' Educational Assistance under Chapter 35 of Title 38 of the United States Code.

The Board has remanded the case due to new evidence received after the April 2005 statement of the case, and a VA examination is needed to determine if the veteran's service-connected PTSD may be causing or worsening his cardiac arrhythmias including atrial fibrillation and tachycardia.

The veteran's unauthorized medical expenses at Community Hospital from June 19, 2001 to June 23, 2001 are denied as the care was not rendered in a medical emergency of such nature that delay would have been hazardous to his life or health.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death from Potts disease, which occurred 38 years after discharge.

The Board found that the veteran's death was not caused by any condition related to his service, and thus denied the claim for service connection for the cause of the veteran's death.

The VA determined that there is no evidence of a compensable disability for the veteran's right ring finger fracture, and thus denied his claim for a higher evaluation.

The veteran is seeking to reopen his claim for service connection for a lung disorder and to establish service connection for a back disorder. The Board has ordered that these claims be remanded for further development, including obtaining medical opinions regarding the etiology of any current back disability.

The veteran's post-operative resection of Haglund's deformity of the right foot was not rated higher than 10 percent prior to October 24, 1996 and was rated at 20 percent after that date.,For the period from October 24, 1996 to June 9, 2000, the veteran's post-operative resection of Haglund's deformity of the right foot was rated as 10 percent. The calcaneal spur of the left heel was also rated at 10 percent for this period.,Since June 10, 2000, the veteran's post-operative resection of Haglund's deformity of the right foot has been rated at 20 percent and the calcaneal spur of the left heel remains at 10 percent.,The veteran's service connection for these conditions is based on direct service connection rather than a presumption or secondary to another condition.

The Board has remanded the TDIU claim due to new secondary service connection claims, and requests for compliance with notification and assistance requirements.

The Board denied the veteran's claims of service connection for residuals of a mild compression fracture, L1 and compensation under 38 U.S.C.A. § 1151 for renal insufficiency due to lack of evidence linking his current condition to service or VA medical care.

The Board found that the pension overpayment indebtedness of $93,221.84 was validly established due to incomplete information regarding the appellant's family income. The Board also determined that a waiver of recovery of this overpayment is not warranted because there was willful failure on the appellant's part to disclose a material fact with intent to obtain or retain eligibility for additional pension benefits.

The Board has granted a temporary 100% rating for the period from August 8, 1998 to November 8, 1998 due to convalescence following the total hysterectomy. The claim for restoration of the original 50% rating is denied.

The Board denied an increased rating for the veteran's service-connected residuals of a bullet wound to the left leg, finding that the current 30 percent evaluation adequately reflects his disability.

The Board found that the veteran's current left leg condition did not have its onset in service and is not related to his active duty. The preexisting osteomyelitis was unlikely aggravated by a contusion during service, and there is no evidence of any current disability.

The Board denied the veteran's claim for waiver of recovery of an overpayment of disability compensation benefits in the amount of $2,862.00 due to her fault in not reporting her divorce and remarriage timely.

The veteran's TMJ syndrome with myofascial pain syndrome was rated at 20 percent from October 2, 1995 to January 6, 2004 and increased to 30 percent effective July 7, 2004.,After July 7, 2004, the veteran's TMJ syndrome with myofascial pain syndrome was rated at 30 percent.