Other conditions decisions — 2009

The Board found no evidence linking the Veteran's current gastrointestinal conditions to his service, and thus denied his claim for service connection.

The Board has determined that the veteran's stroke was not caused by carelessness, negligence, or lack of proper skill on the part of VA. The preponderance of evidence does not support a finding in favor of compensation under 38 U.S.C.A. § 1151.

The Veteran's overpayment of VA benefits was not waived due to lack of fault on his part, but the Board found that recovery would be against equity and good conscience.

The Veteran's service connection claim for endometriosis and bilateral salpingectomy/oophorectomy was granted. However, her initial compensable disability rating for headaches remains denied.

The Veteran is seeking service connection for a scar on his right calf, which he claims was caused by a shrapnel injury during active duty in Belgium. The claim is being remanded to obtain an examination and opinion regarding the etiology of the scar.

The Board has remanded the case for further development to verify the Veteran's claimed stressors and determine if service connection can be established for PTSD.

The Veteran's claim for an earlier effective date for a 20 percent disability rating for his chronic stress reaction of the right calcaneous has been granted, and he is now entitled to this rating as of April 29, 1991. The grant of service connection in February 1992 was not CUE.

The Board has determined that the appellant and the Veteran were divorced at the time of the Veteran's death, and thus she is not eligible for recognition as his surviving spouse for VA compensation purposes.

The Veteran's claims for tumors of the chest, hands, and feet, growths of the face and nose (claimed as due to Agent Orange exposure), bilateral foot condition, and alcoholism were denied. The Board found no evidence linking these conditions to service or any presumptive exposure.

The Board has determined that the Veteran's waiver request for overpayment of vocational rehabilitation benefits is granted due to fault on his part and undue financial hardship resulting from recovery.

The Veteran's service-connected residuals of paronychia of the right middle finger have not warranted an increased evaluation. The Board found no evidence linking arthritis of the right middle and index fingers to service or the service-connected disability.

The Veteran's bilateral knee disabilities have been rated at 10 percent each. The RO has granted increased ratings for both knees, with the right knee receiving a rating of 10 percent and the left knee receiving a separate 10 percent rating.

The Veteran does not have a lung disability attributable to military service, including exposure to herbicides.

The Board has determined that the Veteran's currently diagnosed discoid lupus is not related to her service and therefore denied her claim for service connection.

The Veteran's vocational rehabilitation program goal was to obtain and maintain entry level employment as a substitute teacher. The Veteran has been employed as a substitute teacher with the Leon County School Board since April 2004, meeting the criteria for being rehabilitated.

The Board has remanded the case due to incomplete service treatment records and a need for further examination.

The Board has determined that the April 2002 rating decision granting service connection for right and left leg peripherovascular venous insufficiency as secondary to Diabetes Mellitus was clearly and unmistakably erroneous due to a lack of evidence supporting this condition. The Veteran does not have peripherovascular venous insufficiency in either leg that is etiologically related to Diabetes Mellitus.

The Board is remanding the case for additional development to notify the Veteran of what evidence is necessary to reopen his claim for service connection and to provide him with a supplemental statement of the case.

The Board found that the evidence does not demonstrate beyond a reasonable doubt that the appellant knowingly provided false or fraudulent evidence in March and April 2001, thus revoking forfeiture of her rights, claims, and benefits under VA laws.

The Board has determined that the Veteran's Raynaud's syndrome of the bilateral hands is related to his active military service and grants service connection for this condition.