Other conditions decisions — 2007

The Board has determined that the veteran's service-connected residuals of a left foot injury warrant a 20 percent rating, which is higher than the current 10 percent assigned.

The Board has remanded the case due to deficiencies in VA's duty to notify and assist claimants, as well as issues related to exposure to ionizing radiation. The appellant's claims for service connection for the cause of death and DEA are also being remanded.

The Board has remanded the case for further development under the criteria of willful and persistent misconduct, but no adjudication was provided. The appeal is now pending again.

The Board has remanded the case due to incomplete records from the U.S. Air Force Academy Medical Facility in Colorado for treatment received by the veteran in 2002.

The Board has ordered additional development due to outstanding VA treatment records and a need for an examination to determine the relationship between the veteran's current gastrointestinal problems and his period of active service.

The Board denied the veteran's request for a waiver of his loan guaranty indebtedness, finding fault on the part of the veteran in creating the debt and concluding that recovery would not be against equity and good conscience.

The Board has determined that there is no evidence in the service medical records or in the veteran's lay testimony of a specific inhalation injury or unusual exposure during service that could have resulted in the veteran's right lung pathology and removal over 40 years after service.

The Board has granted service connection for a neurogenic bladder disorder, finding that the veteran's symptoms are related to his military service. The claim for incomplete paraplegia was denied as there is no current diagnosis of this condition.

The Board has determined that the veteran's service-connected residuals of a gunshot wound to the right lower extremity, specifically involving Muscle Group XIII and XIV, meet the criteria for a 30 percent rating based on moderate impairment.

The Board found that the veteran's alopecia areata was not present during service or for months thereafter, and was not caused by any incident of service including Agent Orange exposure. The Board also determined that it was not caused by or permanently worsened by his service-connected PTSD.

The veteran's service is not considered wartime service, thus he does not meet the basic eligibility requirements for nonservice-connected pension benefits.

The Board found that the veteran's left hip disability, characterized by severe degenerative joint disease with limited motion, did not warrant a rating in excess of 10 percent for the period from August 20, 2002 to May 26, 2004.

The veteran's claims for increased ratings were denied. His residuals of a fractured C2 odontoid process are currently rated at 20 percent, and his depressive disorder is rated at 30 percent.

The Board has granted service connection for eosinophilia and assigned a 10% rating for Raynaud's syndrome effective August 5, 2002. The appeals for leishmania and schistosomiasis were dismissed.

The Board has determined that the appellant is a child of the veteran for DIC eligibility purposes, resolving reasonable doubt in her favor.

The Board found that the veteran's rib disability does not meet the criteria for a higher rating than 10 percent, and his lung disability is not related to service-connected conditions. The effective date will be assigned if his claims are granted in the future.

The Board found that the veteran's CAD and GAD with dysthymia were not incurred or aggravated by service, nor are they proximately due to his service-connected diabetes mellitus. Therefore, service connection for these conditions is denied.

The veteran is seeking compensation under 38 U.S.C.A. � 1151 for necrotic bone graft infection and residuals, status post bilateral sagittal split osteotomies of the mandible, due to VA medical treatment in June and July 1994. The case is being remanded for further examination and adjudication.

The veteran died and was buried in October 2003. The funeral home provided burial services, but had an unpaid balance of $983.73. The appellant filed a claim for reimbursement from VA, which paid the funeral home $600 as per the applicable law.

The Board found that the veteran's debt to the government for overpayment of pension benefits was validly and properly created, but determined that recovery would not be against equity and good conscience.