Other conditions decisions — 2010

The Board has granted the Veteran's waiver of overpayment in excess of $26,743.24 for non-service connected disability pension benefits due to VA error and undue hardship.

The Board denied the appellant's claim for legal eligibility for nonservice-connected disability pension benefits, finding that he did not have qualifying service to meet basic eligibility requirements.

The Veteran's claims for service connection for a left hip disorder and an increased rating for right hip strain were denied. The Board found that the evidence did not support granting either claim, as there was no evidence of a left hip disorder or additional loss of range of motion due to pain.

The Veteran's claim for an increased rating in excess of 20 percent for the service-connected residuals of a shrapnel wound to the right anterior chest is being remanded due to the need for additional development, including pulmonary function tests.

The Board denied the claim for service connection for esophageal achalasia, finding that it was not incurred or aggravated by service and is not related to a service-connected condition.

The Board found that the Veteran's bilateral venous stasis, leg ulcers, hyperpigmentation, ulcer aggravation, erythema and varicose veins were not incurred or aggravated in service.

The Veteran's appeal is being remanded for additional development, including obtaining National Guard service records and VA treatment records. The Veteran will also be scheduled for a VA orthopedic examination to assess the nature and etiology of his back and heel disabilities.

The Veteran's appeal is being remanded for additional development of the evidence, including obtaining private treatment records and scheduling a VA examination to assess the current severity of his service-connected left hip disorder.

The Veteran's service-connected spondylolysis, L5, was initially rated as noncompensable prior to January 9, 2007. From January 9, 2007 through December 11, 2008, the Veteran was granted a 10 percent disability rating for his condition. Effective December 12, 2008, he is entitled to a 20 percent disability rating.

The Veteran's appeal is being remanded to obtain treatment records from the 1970s and an examination to determine whether his Alzheimer's disease is related to his military service.

The Board found that the Veteran's current bilateral foot drop disability is not related to service and denied his claim for service connection.

The Veteran's appeal is being remanded due to the need for a more recent VA medical examination of his foot disorders, as the most recent evaluation was performed over three years ago.

The Board found that the evidence submitted since the January 1999 rating decision is new but not material, and thus did not raise a reasonable possibility of substantiating the claim of entitlement to service connection for a left arm injury.

The Veteran is granted a 60 percent rating for chronic pancreatitis, effective from the date of this decision.

The Veteran's multiple myeloma is found to be service-connected as secondary to herbicide exposure, given his active service in the Republic of Vietnam.

The Veteran's service-connected right and left knee disabilities have been rated at 10 percent each since October 31, 2000. The Board has determined that the current ratings are not in excess of what is warranted based on the evidence of record.

The Veteran's claims for initial compensable ratings for costochondritis and left ring finger fracture were denied. The appeal is not about service connection at all.

The Veteran's service-connected disabilities, including a herniated nucleus pulposus and an adjustment disorder, are found to be so severe that they prevent him from securing or following substantially gainful employment. The Board has granted the TDIU based on this finding.

The Veteran's claim for a higher evaluation for his service-connected right knee disability must be remanded to allow for an additional VA examination and the consideration of any outstanding medical records.

The Veteran's spouse is not entitled to an extension of the delimiting date for DEA benefits due to a lack of medical evidence showing that she was prevented from initiating or completing her chosen program of education within the eligibility period.