Other conditions decisions — 2008

The Board finds that the appellant does not have current diagnoses of residuals from her in-service right sacral and right foot stress fractures, nor is she service connected for a left foot disorder. Therefore, service connection cannot be granted.

The veteran's eligibility for educational assistance benefits under Chapter 1606, Title 10, United States Code was suspended on May 3, 2003, due to unsatisfactory participation. Her discharge from the Air Force Reserve (AFR) on June 20, 2003, terminated her eligibility for these benefits.

The Board concluded that the overpayment of educational benefits in the amount of $1,042.17 was properly created and denied the veteran's appeal.

The Board denied the veteran's claims for increased ratings for his service-connected knee conditions, finding that the evidence did not support a higher rating based on recurrent subluxation or instability of moderate severity or worse, and that there was no limitation of flexion to less than 110 degrees in either knee.

The veteran's death was not service-connected, and the claim for DIC benefits under 38 U.S.C.A. § 1318 is denied.

The Board has remanded the case to allow for a determination on whether recovery of an overpayment in the amount of $11,773.66 would be against equity and good conscience due to financial hardship.

Service connection is granted for memory loss, fatigue/loss of energy, insomnia and shortness of breath (claimed as difficulty breathing). Service connection is denied for epistaxis (nosebleeds) and sinus problems.

The VA determined that the veteran's low back disability, characterized by pain and limited motion but no significant neurological symptoms or ankylosis, does not warrant a rating higher than 40 percent.

The Board has determined that the veteran is not entitled to reimbursement for unauthorized private medical expenses incurred on July 11, 2003 at Evanston Regional Hospital.

The Board denied reopening the claim of service connection for a stomach condition due to lack of new and material evidence.

The Board denied the veteran's claim of service connection for arthritis of multiple joints of the right hand, finding that new and material evidence had not been received to reopen his previously denied claim.

The Board has determined that the January 1991 rating decision denying service connection for a left foot condition contained clear and unmistakable error (CUE), and should be revised to reflect a grant of service connection. As a result, the matter of whether new and material evidence has been received to reopen the claim is moot.

The Board denied service connection for multiple myeloma, finding that the veteran was not exposed to Agent Orange during his military service and there is no evidence linking the condition to active duty.

The Board finds that the veteran's penile dysfunction was caused by medication taken for his service-connected disabilities, specifically his degenerative disc disease of the lumbar spine, carpal tunnel syndrome of the right and left hands, and Raynaud's syndrome of the digits, bilateral hands. Therefore, secondary service connection is granted.

The veteran's appeal has been withdrawn prior to the Board making a decision.

The veteran's claim for an increased rating for pilonidal, perirectal sinus, postoperative residuals is being remanded due to the need for proper VCAA notice and additional development of medical records.

The Board has remanded the case due to incomplete service medical records and insufficient evidence regarding the veteran's claimed residuals of cold weather injuries to his bilateral feet. The claim will be reconsidered after a VA examination is conducted.

The veteran is seeking an earlier effective date for the grant of a 70 percent rating for loss of use of the right hand (dominant) from June 4, 2003. The case has been remanded due to issues related to CUE in a previous decision.

The Board has remanded the case for further proceedings consistent with a Court order, and to provide appropriate notice regarding veteran status.

The veteran's service-connected endometriosis is rated at 30 percent, and her right foot condition related to service is granted as secondary service connection.