Other conditions decisions — 2007

The Board denied a rating in excess of 40 percent for the veteran's degenerative changes of the lumbar spine, finding no evidence of muscle spasms or unfavorable ankylosis. The effective date is not specified.

The veteran's claim for service connection for CLL, secondary to Agent Orange exposure, was granted with an effective date of January 17, 2002.

The veteran's avascular necrosis of the right and left hips was not incurred in or aggravated by service.,The veteran's avascular necrosis of the right and left hips is not proximately due to or the result of his service-connected post-traumatic stress disorder.

The veteran's overpayment of $2,700 in pension benefits was denied a waiver due to his failure to report income and expenses promptly. The Board found that the debt creation was solely the veteran's fault and that recovery would not deprive him of basic necessities or nullify the intended purpose of the benefits.

The Board denied the veteran's claim of entitlement to service connection for posttraumatic stress disorder (PTSD) due to a lack of verified in-service stressor and insufficient medical evidence linking PTSD to his period of service.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on November 26, 2003 is denied as he did not meet the criteria under 38 U.S.C.A. § 1725.

The Board denied the appellant's claim for basic eligibility for VA death benefits due to lack of entitlement under the law.

The Board has remanded the DIC claim for further development to ensure compliance with the VCAA, including providing notice on how to substantiate the claim under both 'actual' and 'hypothetical' theories of entitlement.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and DIC benefits, finding no evidence linking the veteran's death to his service or any service-connected conditions.

The Board denied the veteran's claims for service connection for a sleep disorder and post-traumatic stress disorder due to insufficient evidence of an in-service stressor.

The Board has determined that the veteran's service-connected intervertebral disc syndrome does not warrant a rating in excess of 40 percent.

The veteran's income from a private pension plan is not countable income for VA purposes and thus the reduction to his special monthly pension benefits based on this income is denied.

The Board has determined that the veteran's atherosclerotic peripheral vascular disease, claimed as claudication, was not incurred or aggravated during active service. The claim is denied.

The Board has denied the veteran's claims for service connection for residuals of a head injury and learning disability, finding that there is no current evidence linking these conditions to his military service.

The veteran's right leg, hip, and foot injuries are denied as compensation under 38 U.S.C.A. § 1151 because the proximate cause of his injury was not negligence or fault on the part of VA.

The RO has determined that the appellant is not eligible for educational assistance benefits under Chapter 35, Title 38, United States Code. The case is being remanded due to a hearing request made by the appellant.

The Board found that no new and material evidence has been received to reopen the veteran's claims for service connection of hemoglobinopathy, sickle-thalassemia disorder, and right eye esophoria with amblyopia. The March 1979 rating decision is considered final.

The veteran's claim for service connection for dental treatment purposes is denied as he does not have a compensable dental condition or disability shown to be in existence at the time of discharge from active service.

The Board has remanded the case due to insufficient notice provided by the RO, and additional development is required if new and material evidence is submitted.

The Board found that the veteran's right arm disability was not incurred in or aggravated by active service, and denied his claim.