Other conditions decisions — 2008

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a skin disorder. The veteran served in Vietnam, which qualifies him for presumptive exposure to Agent Orange. However, there is no evidence showing a current disability related to his claimed condition or any link between his active service and such condition.

The Board has determined that a VA examination is needed to determine if the veteran's missing teeth are related to his service-connected mandibular dysfunction.

The Board denied the veteran's claim for service connection for osteoporosis and remanded the issues of entitlement to a rating in excess of 10 percent for irritable bowel syndrome and entitlement to a TDIU.

The Board has determined that the overpayment of $35,400.14 was improperly created due to the veteran's assertion that he did not know about the warrant and remained in Florida until July 2004, moving there with his family for their care.

The Board has determined that the veteran's current low back disorder is not related to her active service and has denied her claim for service connection.

The Board has determined that additional development is needed to decide the claim for service connection for herpes simplex of the left eye, including reviewing in-service treatment records and obtaining a VA medical opinion.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse due to her having been legally divorced from the veteran at the time of his death, and did not subsequently remarry him.

The Board denied the veteran's petition to reopen his service connection claim for basal cell carcinoma of the skin, finding no new and material evidence. The decision is final.

The Board has determined that the veteran's bilateral flat foot was not present in service and is not etiologically related to service. Therefore, the claim for service connection for a bilateral flat foot is denied.

The VA has determined that the veteran's residuals of septectomy do not warrant a compensable rating, as there is no evidence of significant nasal obstruction or impairment.

The Board denied the veteran's request to reopen his claim for service connection due to lack of new and material evidence, as all submitted evidence was cumulative or did not relate to the unestablished facts needed to substantiate the claim.

The veteran's claim for educational assistance benefits under Chapter 30 of the Montgomery GI Bill was denied as he did not meet the service requirements to qualify.

The veteran's claim for an increased rating for his service-connected myofascial lower back pain is being remanded due to the need to address potential service connection for arthritis and disc disease, as well as obtain updated medical records.

The veteran's claim for basic eligibility for VA educational assistance benefits under Chapter 30 is denied as he did not meet the service requirements and his discharge was due to convenience of the government.

The Board has granted a disability rating of 40 percent for the veteran's service-connected traumatic arthritis of the left hip, which is the highest available under applicable diagnostic codes.

The Board denied the veteran's request for a waiver of an overpayment of VA disability compensation benefits, finding that recovery would not be against equity and good conscience.

The Board found that the veteran's overpayment of VA disability compensation was properly created due to retroactive reduction in his benefits for incarceration, and denied his request for waiver.

The Board found that the veteran's pancreatic disorder is not associated with his military service, including presumed exposure to Agent Orange in Vietnam. The claim was denied.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for her hallux valgus of the right foot, finding that the evidence did not meet the criteria for a higher evaluation under Diagnostic Code 5280.

The Board found no new and material evidence to reopen the claims for multiple joint arthritis, fatigue, and chest pain. The veteran's current conditions are not related to service.