Other conditions decisions — 2007

The Board denied service connection for a chronic disability manifested by fatigue and memory loss, finding that the evidence did not support direct service connection or presumptive service connection due to an undiagnosed illness. The claim was based on medical records showing treatment for head traumas and headaches during service, but no current diagnosis of these conditions.

The veteran's service-connected residuals of a fracture of the right fibula are currently rated at 20 percent, reflecting moderate impairment. The Board finds that this rating is appropriate based on the objective and probative medical evidence showing limited range of motion in the ankle.

The Board has denied service connection for pneumonia residuals and is remanding the issue of head trauma residuals due to insufficient evidence.

The veteran's appeal for service connection for cardiovascular disease is being remanded to the Montgomery RO for scheduling a videoconference hearing in San Diego, California.

The Board has remanded the case due to concerns about the veteran's responsibility for supporting his minor son, requiring additional financial information and documentation.

The veteran's claim for an increased rating for his service-connected lower back strain with disc degeneration of the L5-S1 vertebral level is being remanded due to outstanding post-service private treatment records and the need for a more recent examination.

The RO denied the veteran's claim for a higher evaluation for his service-connected allergic conjunctivitis with history of angioedema, as it was rated at zero percent and effective December 1, 2003.

The veteran's claim for an earlier effective date for additional compensation for dependents was denied as he did not file a written claim until August 1989, despite the change in law allowing dependency allowances for veterans rated at 30 percent or higher.

The Board denied the veteran's claim for a rating in excess of 10 percent for his service-connected back disability, finding that the evidence did not support a higher evaluation.

The Board has determined that the veteran does not have residual disability of a right eye injury sustained during his active military service and therefore, denied the claim for service connection.

The Board denied the reopening of a claim for service connection for the cause of the veteran's death due to lack of new and material evidence, despite the appellant presenting testimony and medical records.

The veteran's claim for waiver of recovery of an overpayment of improved, nonservice-connected disability pension benefits is being remanded due to the need for further clarification on various aspects including SSA entitlement and financial status.

The Board has determined that the veteran's residuals from his hemicolectomy do not more nearly approximate or equate to severe symptoms supported by examination findings, and thus denies a higher rating.

The Board denied the appellant's claim for service-connected death benefits, finding that the veteran's cause of death (chronic peptic ulcer) was not related to his service.

The veteran's claim for educational benefits under Chapter 30 was denied because she did not meet the basic eligibility requirements, despite her service and deductions from her pay. The Board found that she had not withdrawn her initial election not to participate in the MGIB.

The Board has decided to remand the case for further medical examination and opinion regarding whether the veteran's left foot disorder is related to military service.

The Board has determined that the veteran's service-connected lichen simplex chronicus does not meet or approximate the criteria for a disability rating in excess of 10 percent under either the old or new schedules for evaluating skin disorders.

The veteran's service-connected disabilities do not meet the criteria for a higher disability rating in any of his claims.,The Board finds that none of the veteran's conditions warrant a higher than currently assigned disability ratings.

The Board has determined that the overpayment of $820.00 was created due to the veteran's enrollment in an unapproved course, and has granted waiver of recovery based on lack of fault on her part, no undue hardship, and failure to unfairly enrich her.

The veteran's claims for service connection for bicuspid aortic valve (claimed as aortic regurgitation) and right heel bone spur were denied. His claim for an initial rating in excess of 10% for tibial fibular fracture of the right ankle, status post surgery, with associated scar was granted with a 10% disability rating effective October 31, 2004.