Other conditions decisions — 2008

The Board has granted a partial waiver of overpayment for the period from January 28, 2002 to December [redacted], 2002. The veteran notified VA of his incarceration on January 28, 2002 and was entitled to reduced compensation benefits due to his felony conviction.

The Board has determined that the veteran's Haglund's deformity with calcaneal heel spurs was incurred in active military service.

The Board has remanded the case to obtain a peer review of the medical records and determine if the veteran's hoarseness was reasonably foreseeable as a result of his VA care. The veteran is seeking compensation under 38 U.S.C.A. § 1151 for partial loss of voice.

The Board has remanded the case to the RO for additional action as set forth in the Memorandum Decision. The veteran's claim of entitlement to an increased initial evaluation for a non-ulcer dyspepsia is pending.

The Board has remanded the case for additional development to determine if the veteran's skin condition, including chronic urticaria, is related to his exposure to herbicides in Vietnam.

The Board dismissed the appeal due to withdrawal of the Substantive Appeal by the appellant's counsel.

The Board found that the veteran's claimed disabilities were not caused by his in-service exposure to ionizing radiation and denied service connection for multinodular goiter, recurrent parotitis, and related conditions.

The Board found no credible supporting evidence of an in-service stressor to support a diagnosis of PTSD, and thus denied the veteran's claim for service connection.

The Board denied an initial compensable evaluation for residuals of a laceration right fourth finger, finding that the disability did not meet or nearly approximate criteria for a compensable rating.

The Board has determined that the veteran's current left shoulder disability, specifically left rotator cuff syndrome, is the result of a dislocation during his active duty for training in 1978. As such, service connection is granted.

The Board has remanded the case due to insufficient medical opinion regarding whether the veteran's loss of peripheral vision is related to his active service or any service-connected disability, including hypertension.

The Board found that the submitted evidence did not relate to an unestablished fact necessary to substantiate the claim of service connection for residuals of brain trauma, and thus denied reopening of the claim.

The Board has determined that the veteran's chronic constipation, which began during active service, is service-connected.

The veteran seeks service connection for a skin disability, including as secondary to exposure to ionizing radiation. The case is being remanded for further development and examination.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision.

The veteran's cause of death was due to arrhythmia, which became service-connected on October 7, 2004. The claim for an earlier effective date is denied as the earliest possible effective date based on the presumption of service connection has been granted.

The VA denied the veteran's claim for an increased rating of his service-connected postoperative medial meniscus tear, right knee with traumatic arthritis, currently evaluated as 20 percent disabling.

The veteran's service-connected right little finger condition is manifested by subjective complaints of pain and objective findings of arthritis, but without limitation of motion of the right little finger, limitation of motion of other digits, interference with overall function of the right hand or moderate incomplete paralysis. The criteria for entitlement to a compensable evaluation have not been met.

The Board has ordered the case to be remanded for further review of the evidence, including a medical expert's opinion and additional submitted evidence. The appellant's claim may now be reconsidered.

The Board has determined that the appellant's child with spina bifida qualifies for benefits under 38 U.S.C.A. § 1805, as her biological father is a Vietnam veteran.