Other conditions decisions — 2009

The Board found that the evidence did not support a causal relationship between the Veteran's Crohn's disease and his service.

The appeal is remanded to the RO for further development and consideration of the claims, including an examination regarding the impact of medication side-effects on employability.

The Veteran was granted separate 10 percent ratings for swelling of the left and right hands, currently diagnosed as tendonitis.

The Veteran's ulcerative colitis is no more than moderately severe, and the sacroiliitis with arthritis does not manifest muscle spasm on extreme forward bending or loss of lateral spine motion.

The appeal is being remanded to the RO via the AMC for further development and evaluation of the Veteran's claims.

The Board denied a higher initial rating for the period prior to July 28, 2003, and from November 1, 2003 to October 19, 2008, but granted an increased rating of 60 percent effective from October 20, 2008.

The appellant is not entitled to attorney fees from any award to the Veteran's widow by the Regional Office.

The Veteran's postoperative residuals of a pilonidal perirectal sinus do not meet the criteria for a compensable evaluation.

The Board denied the Veteran's request for waiver of recovery of an overpayment of additional compensation benefits for a spouse in the amount of $3,759.67.

The appellant's income exceeded the maximum rate for VA death pension benefits, and thus she was not entitled to any death pension benefits.

The Veteran's overpayment of $1,538.33 for educational benefits was waived due to financial hardship and the fact that collection would deprive her of basic necessities.

The Board denied the Veteran's claims for service connection for a chronic skin disorder, cancer of the neck, and a dental disorder as there was no evidence linking these conditions to his military service.

The Board has determined that the Veteran's endometriosis, chronic pelvic pain, and ovarian cysts are due to disease or injury incurred in service. The presumption of soundness is rebutted as there is clear and unmistakable evidence showing preexisting conditions existed prior to service but did not worsen during service.

The Veteran's service-connected bayonet wound of the left thigh is currently rated at 30 percent, which reflects moderately severe disability. The Board finds that a higher rating is not warranted as there is no evidence of more than moderately severe muscle injury.

The Board's July 2004 decision was affirmed by the Court, and a CUE motion based on that decision was denied.

The Veteran's claim for service connection for a sleep disorder, to include as secondary to his service-connected disabilities of tinnitus, sinusitis, bilateral hearing loss, and a right ear tympanic membrane injury, is being remanded for further development.

The appeal is remanded to address the merits of the appellant's claim for an earlier effective date for death pension benefits.

The Board denied the Veteran's claim for an earlier effective date for a 30 percent disability rating for urticaria, finding that January 27, 1998 was the earliest factually ascertainable date of entitlement to such a rating.

The appeal to reopen a claim for service connection for bilateral otosclerosis with bilateral defective hearing was denied because new and material evidence was not submitted.

The Board denied an earlier effective date for the grant of a 60 percent rating for residuals of a Mallory-Weiss tear, as it was factually ascertainable that the increase in disability occurred on October 31, 1997.