Other conditions decisions — 2009

The Board found that there was no evidence of degenerative arthritis in the hands during service or for many years afterward, and no medical evidence linking current hand disabilities to military service.

The veteran's service-connected residuals of a gunshot wound to the abdominal wall were denied an increased rating as they did not result in any additional disability such as muscle injury and were not considered moderately severe.

The Board denied the veteran's claim for service connection for residuals of a hernia due to lack of competent evidence linking the condition to his military service.

The veteran's disability manifested by right homonymous hemianopsia (claimed as peripheral vision loss or residuals of a stroke) is not due to disease or injury that was incurred in or aggravated by military service, nor may any be presumed to have been incurred therein.

The appeal is remanded to the RO for further development, including scheduling a VA examination.

The veteran does not have a left eye disability that is attributable to his active military service.

The Board denied the veteran's claim for service connection for gout, finding no evidence linking the condition to his military service.

The veteran's claim for an initial compensable rating for his arthritis of the left elbow was denied, as there was no evidence of limitation of motion prior to October 26, 2005. A rating greater than 10 percent subsequent to October 26, 2005 is also not warranted.

The Board denied the Veteran's claim for service connection for residuals of cold injury to the hands as new and material evidence was not submitted.

The veteran's claim for a rating in excess of 10 percent for his service-connected erythromelalgia of the finger tips with residuals of cold injury, subjective with psychogenic overlay and somatization disorder is being remanded for further development.

The case is remanded to obtain additional evidence and provide the appellant with proper notice.

The veteran did not submit a timely substantive appeal regarding the issues of whether new and material evidence had been submitted to reopen claims for service connection for postural type curve lumbar strain and colon cancer.

The Board found that recovery of the overpayment would not defeat the purpose of the benefit and would not result in unjust enrichment, but would create undue financial hardship for the veteran.

The Board remands the claims for an increased rating for peripheral vascular disease of both legs to allow for a more comprehensive VA examination.

The veteran's left ankle disability is productive of no more than moderate impairment, and an initial evaluation in excess of 10 percent is not warranted.

The Board denied increased ratings for the veteran's ulnar nerve paresthesia of both hands, finding that the evidence did not support a rating in excess of 10 percent.

The veteran's claim for service connection for a stomach disability was denied, while his initial evaluation for generalized anxiety disorder was increased to 50 percent effective October 23, 2003, and to 70 percent effective December 6, 2007. A total rating based on individual unemployability due to service-connected disability was also denied.

The veteran's claim for a compensable evaluation for bilateral pterygium was denied, and the case is being remanded for further development.

The claim for Chapter 30 educational assistance benefits was properly denied because the training period requested by the veteran was beyond the ending date for utilization of such benefits.

The Board concluded that an overpayment of $4,064.40 was valid and denied a waiver of the debt.