Other conditions decisions — 2009

The Veteran's service-connected bilateral knee degenerative joint disease does not warrant a disability rating in excess of 10 percent.

The Veteran's Reiter's syndrome of the right and left feet were rated at 10 percent prior to December 2, 2008. After that date, a higher rating was not granted.

The Board determined that the appellant does not have qualifying service for eligibility for VA nonservice-connected disability pension benefits.

The Board has determined that the Veteran's left foot pes cavus and metatarsalgia are service-connected.

The Board has determined that there is no current right hip disorder and thus denied the Veteran's claim for service connection.

The Board has granted the Veteran's claim for service connection for kyphosis and dextroscoliosis due to old juvenile epiphysitis, which was previously denied. The decision is based on a direct service connection theory without any presumption or secondary linkage.

The Board denied the Veteran's claims for service connection for a skin condition and an initial compensable rating for bilateral hearing loss. The Veteran's skin condition was found unrelated to his military service, while his bilateral hearing loss did not meet criteria for a compensable evaluation.

The Veteran's claim for an increased rating for his service-connected spondylolisthesis at L4-L5 is being remanded due to the need for additional development.

The Veteran's meningioma and emphysema were not found to be related to service or exposure to herbicides or hazardous environmental agents employed in Project SHAD.

The Veteran's claim for service connection for an imbedded root tip elevator in the socket of his upper first right bicuspid was denied as there is no evidence of dental trauma or a compensable disability during active duty.

The Board denied the appellant's claim for apportionment of the Veteran's disability compensation benefits, finding that the Veteran was reasonably discharging his responsibility to support the appellant prior to their divorce and that she is no longer the Veteran's spouse.

The Board found that the Veteran's ruptured left eardrum did not manifest during service or for many years after service, and thus was not incurred in or aggravated by service.

The Board has determined that the appellant is recognized as the Veteran's surviving spouse for VA death benefit purposes due to continuous cohabitation despite a separation caused by the Veteran's misconduct.

The Board found that the overpayment of $1,292.60 was properly created due to the Veteran's failure to notify VA of his change in class status from credit to audit. The Board also determined that recovery would not be against equity and good conscience as there was no fault on VA's part and the Veteran did not detrimentally rely on the erroneous payments.

The Board found that the Veteran does not have current ulcers and there is no evidence linking them to service. The issue of residuals from a Meckel's diverticulectomy remains pending.

The Veteran's service-connected right fifth metacarpal fracture with traumatic arthritis is productive of residual flexion deformity and pain, but does not meet the criteria for a compensable disability rating as his range of motion is within normal limits.

The Board denied the Veteran's claim for an effective date earlier than February 19, 2002 for disability compensation benefits under 38 U.S.C.A. § 1151 for ventral hernia secondary to the nature of the abdominal fascia and lack of intervention of lower midline abdominal musculature and active lifestyle.

The Board has determined that new and material evidence has been submitted to reopen the claim of recognition that a common law marriage existed between the appellant and the Veteran. The appellant's testimony, along with statements from her babysitter and son, suggests that the Veteran referred to the appellant as his wife after their divorce in April 1974.

The Board has determined that additional development is necessary to decide the appellant's claims for service connection for the cause of the Veteran's death and accrued benefits due to idiopathic pulmonary fibrosis. The case is being remanded for further action, including obtaining the Veteran's complete personnel records and scheduling a VA medical opinion.

The Board found that new and material evidence was not submitted to reopen the Veteran's claim for service connection for right ear otitis media. The April 1955 denial of the claim is considered final, as no appeal was filed within one year.