Other conditions decisions — 2009

The Board denied service connection for breathing problems and secondary service connection for memory loss due to stroke residuals, finding no credible evidence of a respiratory disorder during active duty or inactive duty. The Veteran's claimed memory loss is not related to her service-connected stroke.

The Veteran's service-connected myofascial strain with degenerative changes L5-S1 has not resulted in any additional functional limitation that would warrant a higher rating than the current 20 percent.

The Board found that the Veteran's left inguinal hernia was not incurred in or aggravated by service and is not proximately due to or aggravated by his service-connected right inguinal hernia.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at the Regional Medical Center from December 4, 2003, to December 12, 2003, due to a lack of timely filing of the claim.

The Board has determined that the appellant's service-connected dermatophytosis disability warrants a rating of 30 percent, which approximates the schedular criteria for this condition.

The Board has ordered a remand to obtain medical records and conduct a VA examination in order to determine if the appellant's current diagnosed pulmonary fibrosis is related to his service, specifically asbestos exposure.

The Board finds that the appellant is ineligible for educational assistance benefits under Chapters 30, 32, and 1606 due to his lack of service in the Selected Reserve.

The Veteran's dysthymic disorder has been rated at 10% prior to April 1, 2008 and at 30% from April 1, 2008.

The Board found that the otitis media suppurative of the left ear pre-existed service and was not aggravated during service. As a result, the claim for service connection is denied.

The Board has determined that the Appellant is recognized as the surviving spouse of the Veteran, and thus the appeal is granted.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination and obtaining additional service treatment records.

The Board found that the Veteran did not have a dental condition for VA compensation purposes and thus denied his claim.

The Board has granted a waiver of recovery for the overpayment of VA Dependency and Indemnity Compensation (DIC) benefits in the amount of $33,461 based on payments made from November 2000 to October 2003. This decision addresses only this portion of the overpayment.

The Veteran's bilateral foot disabilities, including bilateral foot tendonitis and status post bilateral navicular stress fractures, were first manifested during her active service. The Board finds that the Veteran is entitled to service connection for these conditions.

The Veteran does not have a respiratory disability due to disease including an undiagnosed illness or injury that was incurred in or aggravated by active service. The Board finds no evidence of a current diagnosis and concludes the Veteran's symptoms are unrelated to his military service.

The Veteran's service-connected cold sensitivity of the hands and feet is currently rated at 10 percent, but does not meet the criteria for a higher evaluation as there are no symptoms such as tissue loss, nail abnormalities, color changes, or X-ray abnormalities (osteoporosis, subarticular punched out lesions, or osteoarthritis).

The Board has remanded the claims of service connection for cardiovascular disease and arthritis due to inaction on part of the RO, requiring further development including a VA examination.

The Board denied service connection for calluses and warts of both feet, as well as DJD of the right hip. The Veteran's current diagnoses were not established during his active duty service.

The Board has determined that the Veteran's stomach condition and throat/esophageal damage were not incurred or aggravated by military service, as there is no competent evidence to support these claims.

The Veteran's anhidrosis has been manifested by swelling, redness, night sweats, and weight gain. The disability is currently rated at 10 percent under DC 7825 for recurrent debilitating episodes occurring at least four times during the past 12-month period and responding to treatment with antihistamines or sympathomimetics.