Other conditions decisions — 2008

The veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA psychiatric evaluation to determine the severity of his post-traumatic stress disorder. The issue of service connection for irritable bowel syndrome and an ulcer will also be addressed.

The Board has determined that additional development is required to satisfy VA's obligations under the Veterans Claims Assistance Act of 2000. The case will be returned to the RO for further action.

The Board denied the veteran's request to reopen his claim for service connection for residuals of cold injury of the bilateral lower extremities because he did not submit new and material evidence.

The Board denied the veteran's claim for service connection for a pulmonary disorder, including granulomatous lung disease, to include as due to exposure to an herbicide agent and/or radiation. The evidence did not establish that the veteran had such a condition during or after service.

The Board has determined that the veteran's post-operative residuals of a right navicular fracture warrant a 30 percent rating, effective from April 1, 2007. The evidence shows severe limitation of motion and pain associated with the disability.

The Board has determined that the appellant did not file a timely Notice of Disagreement (NOD) regarding the March 11, 2005 and April 7, 2005 decisions denying reimbursement for unauthorized medical expenses. As such, the appeal is dismissed.

The Board denied the veteran's request to extend his delimiting date for Chapter 30 benefits, finding no legal authority to do so given the facts presented.

The Board has remanded the case for additional action to determine the decedent's full service history and grant or deny the appellant's claim for burial benefits, plot allowance, and interment allowance following the death of the decedent.

The appeal has been dismissed due to the death of the appellant.

The Board has granted the appellant's request for waiver of recovery of an overpayment of educational benefits in the amount of $701.32, plus accrued interest and penalty fees.

The Board found that none of the causes of the veteran's death were incurred in or aggravated by his military service, nor may they be presumed to have been incurred in such service. The Board also determined that a service-connected disability was not the immediate or underlying cause of the veteran's death.

The Board has determined that the veteran does not have a skin disability due to disease or injury incurred in service, and therefore denied his claim for service connection.

The Board has determined that the veteran's geniculate neuralgia warrants a separate initial 10 percent evaluation for the entire period of claim from May 1, 1990.

The veteran's claims for service connection for urinary incontinence and a compensable rating for status post meatotomy due to urethritis are being remanded for additional development.

The RO reduced the veteran's right knee disability rating from 40 percent to 10 percent effective June 1, 2004. The reduction was based on the August 2003 VA examination results that did not support a higher evaluation.

The Board has granted service connection for PTSD, finding that the veteran engaged in combat and his testimony is sufficient to establish a stressor related to his military service.,Service connection was denied for a back disability as there is no competent medical evidence linking it to active service.

The Board has determined that the appellant cannot be recognized as the surviving spouse of the veteran for VA benefits due to a lack of evidence supporting a common law marriage.

The Board found that the overpayment of $28,269.12 was properly created due to the veteran's failure to notify VA of his incarceration. The Committee on Waivers and Compromises denied the request for waiver of recovery of this debt as it would not be against equity and good conscience.

The Board denied the veteran's claim for an effective date prior to July 10, 2002 for the grant of service connection for pulmonary embolism.

The veteran's service-connected mandible and ankle disabilities have not met the criteria for a higher rating. The compound fracture of the left mandible is rated as 10 percent disabling, while the simple fracture of the right condylar neck remains noncompensable. For the period prior to May 1, 2003, there was no compensable evaluation for the history of chip fracture in the right distal fibula. Beginning May 1, 2003, a rating in excess of 10 percent is not warranted.