Other conditions decisions — 2009

The Board found that new and material evidence has not been submitted to reopen the claim of service connection for residuals of a right forearm fracture. The July 3, 1967 rating decision denying service connection was upheld as there is no clear and unmistakable error.

The Board has determined that the veteran's leukopenia, a laboratory finding without underlying or resulting disability, does not warrant service connection.

The Veteran's surviving spouse died in 2006, and there was no pending claim for accrued benefits at that time. The appellant did not have a valid claim to file as she received the retroactive check from VA.

The Veteran's residuals of a cerebral concussion do not meet the criteria for a rating in excess of 10 percent.

The Veteran's periodontal disease, diagnosed as gingival hyperplasia, is found to be secondary to his service-connected petit mal seizure disorder and the use of Dilantin. The Board finds that a VA medical examination is warranted to determine if this condition has had a direct and material detrimental effect on his associated basic condition or disability.

The Board has reopened the Veteran's claim of service connection for cerebral degeneration, but finds that additional development is required before deciding whether service connection should be granted.

The Board denied the appellant's appeal, finding that his sole period of military service was terminated by a general court-martial with a bad conduct discharge and thus he is ineligible for VA benefits.

The Board denied the Veteran's claim for an extension of her delimiting date for educational assistance benefits under Chapter 30, finding that she did not meet the criteria as her disability prevented her from initiating or completing a chosen program of education within her original eligibility period.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of the Veteran's right leg condition.

The Board has determined that the Veteran's waiver claim for overpayment of educational benefits should be granted due to her financial hardship and minimal fault in creating the debt.

The Veteran's income exceeds the maximum annual pension rate, thus denying his claim for nonservice-connected pension benefits.

The Board has remanded the Veteran's claim for increased rating of right epididymitis due to incomplete development and need for a VA neurologic examination.

The Board has determined that the appellant's left hip disability, diagnosed as left hip trochantric bursitis, was incurred during her INACDUTRA period. The claim is granted.

The Veteran does not have bone spurs of the feet that are related to his military service.

The Veteran's fracture of the left ring finger is manifested by a superficial scar with subjective complaints of pain, including in the underlying tissue. The Board has determined that an initial evaluation of 10 percent for this condition more nearly approximates the criteria.

The Board found that the Veteran's left eye condition, which he claimed was secondary to in-service sinus surgery, has not been shown to have been incurred or aggravated by service. The rating for his sinusitis remains unchanged.

The VA denied the appellant's claims for an increased evaluation for labyrinthitis and a total disability rating based on individual unemployability due to service-connected disabilities. The Board found that the evidence did not support ratings in excess of the current 30 percent assigned.

The case is being remanded for additional development and consideration of the veteran's claims, including a TDIU claim.

The Board finds that the evidence is at least in equipoise on the question of whether the current disability of dementia is aggravated by the service-connected depression. Resolving reasonable doubt in the Veteran's favor, the Board finds that the criteria for secondary service connection for dementia are met.

The Veteran's appeal is being remanded for further development and re-adjudication due to incomplete examination findings.