Other conditions decisions — 2009

The Veteran's right knee disability was manifested by pain and limited flexion, but no significant instability or limitation of motion. The RO assigned a 20 percent rating for the period from December 1, 2000 through August 3, 2003.

The Board found that the Veteran's pes cavus was noted in his enlistment examination and is not shown to have permanently increased in severity beyond natural progression during service.

The Board found that the Veteran's dental disorder was not incurred in or aggravated by active service, and is not proximately due to, the result of, or aggravated by a service-connected disability. The most probative medical evidence showed that her current dental condition was caused by inadequate oral hygiene which allowed bacterial plaque to build up resulting in periodontal disease, and that it was not worsened beyond normal progression by her service connected conditions or medications used to treat her service-connected schizoaffective disorder.

The Board has determined that the appellant's income exceeds the maximum rate for death pension benefits, thus denying her claim.

The Veteran's service-connected residuals of a subtotal gastrectomy and duodenal ulcer are rated at 20 percent prior to July 27, 2005. Since that date, the disability is rated at 30 percent under Diagnostic Code 7348 for persistent diarrhea.

The Board found that the Veteran's service-connected condition did not warrant placement in a higher priority category for VA healthcare.

The Board found no nexus between the Veteran's Tourette's syndrome and her service, thus denying her claim for service connection.

The case is being remanded for further development to ensure compliance with the previous remand directive.

The Board found that the Veteran was not a fugitive felon during the period of May 2005 to July 2006, and thus the retroactive discontinuance of his disability compensation benefits for this period was improper. As a result, the overpayment in question was improperly created.

The Board has remanded the case for further development, including obtaining inpatient clinical records from Fort Stewart and a copy of an MRI scan.

The Veteran's right inguinal hernia is not service-connected, and the current rating for his left inguinal hernia does not meet the criteria for a higher rating.

The Board has determined that the Veteran's transient cerebral ischemic attack was caused by or a result of his service-connected hypertension, and therefore grants service connection for this condition.

The Veteran withdrew his appeal regarding the initial increased rating for non-Hodgkin's lymphoma with anemia.

The Board found no causal link between the Veteran's current left elbow bursitis and his military service, thus denying his claim for service connection.

The Board has determined that the case is remanded for further development, including obtaining a medical opinion regarding whether the Veteran's service-connected diabetes mellitus caused or aggravated his claimed peripheral vascular disease.

The Veteran's initial evaluations for his left hand and left kidney conditions have been granted, with the left hand conditions rated at 10 percent and the left kidney condition rated at 30 percent. The Veteran's service connection claim for PTSD has also been granted.

The Veteran's right knee disability does not meet the criteria for a higher evaluation as his range of motion did not reach the required limits.

The Veteran's claim for service connection for the residuals of a right hand fracture is denied as there is no evidence of a current disability or any link to his active service.

The Board has determined that the Veteran's congestive heart failure was first manifest during service and is attributable to his active duty, granting service connection.

The Board has determined that the appellant is not entitled to recognition as the Veteran's surviving spouse for VA purposes due to the expiration of common law marriage in Ohio after October 10, 1991.