Other conditions decisions — 2009

The Board has remanded the case for further development, including scheduling a videoconference hearing.

The Veteran's appeal has been withdrawn by the appellant.

The Board found that the Veteran's residuals of a rupture of the left Achilles tendon do not warrant a rating in excess of 10 percent, as they are only productive of moderate impairment.

The Veteran's dizziness is related to his service-connected hearing loss and tinnitus, and the Board finds that it was incurred as a result of his service.

The Board found that the Veteran's Osgood-Schlatter disease pre-existed service and was not aggravated by active service. The Board also found that his current chondromalacia patellae with patellofemoral pain syndrome is related to his military service.

The Board found that the Veteran's organic brain syndrome was not incurred during service and may not be presumed to have been incurred therein.

The Board has determined that the Veteran's thoracic spine disability warrants a 20 percent rating, as per the current schedular criteria.

The Veteran's service-connected fractures of the right third finger and left ring finger have been rated as noncompensable due to lack of limitation of motion or arthritis. The RO has granted these conditions, but no higher rating is warranted.

The Board found no evidence of systemic lupus during service or within one year post-service, and there is no positive medical nexus linking the current condition to service. The appellant's claim for service connection for systemic lupus was denied.

The Board found that the Veteran does not meet the legal criteria for basic eligibility for VA nonservice-connected pension benefits due to lack of qualifying military service.

The Veteran's claims for service connection for lupus and weakness of the right lower extremity are being remanded due to procedural issues, including a need for additional evidence and proper notification.

The Board has determined that the Veteran's claimed conditions of Reiter's Syndrome, Sjogren's Syndrome, and Grave's Disease did not become manifest in service or for many years thereafter and are not shown to be related to service.

The Board found that the cause of death was not due to service or service-connected disabilities, and denied both the claim for service connection for the cause of death and the 38 U.S.C.A. § 1151 claim.

The Board dismissed the appeal due to the Veteran's death, and thus has no jurisdiction to adjudicate the merits of this claim.

The Board found that the appellant did not have qualifying service to qualify for VA benefits and denied his claim.

The Board has remanded the claims for higher ratings for right and left patellofemoral syndrome due to additional evidence received since the December 2005 SOC.

The Veteran's claim for a waiver of recovery of an overpayment of VA compensation benefits is granted. The decision concludes that the overpayment was not due to fraud, misrepresentation or bad faith and that recovery would not be against equity and good conscience.

The Board has determined that the Veteran's PTSD and residuals of a shrapnel wound to his left leg are service-connected, resolving doubts in favor of the Veteran.

The Board has determined that the Veteran's right shoulder disability does not warrant a rating in excess of 10 percent, and his left upper lip scar does not warrant an increased rating beyond the current noncompensable evaluation.

The Board denied the Veteran's application to reopen his claim of service connection for a gastrointestinal disorder and denied his request for an increased rating for PTSD. The case is being remanded for further development, including a VA examination.