Other conditions decisions — 2010

The Veteran's disability compensation was reduced to one half of the 10 percent rate due to incarceration for a felony conviction, effective from May [redacted], 2001.

The Board found that the evidence received was not new and material, thus denying the appellant's request to reopen her claim for revocation of forfeiture of VA benefits.

The Veteran's left knee disability has been rated as traumatic arthritis with limitation of flexion, but the claim for a higher initial rating is denied.

The Veteran's claim for an extension of her delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) is denied as there are no legal grounds to grant the requested benefit.

The Veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code was denied as he did not file a valid claim within one year of the training and the new law does not apply to his case.

The Veteran's claim for a rating in excess of 10 percent for post-incisional hernia repair was denied as there is no evidence showing the disability meets or exceeds the criteria for a higher rating under the applicable VA rating criteria.

The Board has determined that the Veteran does not have a current coccyx disability and therefore, service connection for this condition is denied.

The Board denied the appellant's claim for a rating in excess of 40 percent for residuals of a thoracic spine injury, finding that his disability did not meet the criteria for an increased rating under the applicable diagnostic codes. The issue of service connection for tension headaches was also addressed but is referred to the RO for further action.

The Board has determined that the evidence of record is sufficient to grant the Veteran's claim of entitlement to service connection for a bilateral eye disability.

The Veteran's service-connected chronic gastritis has not been shown to meet the criteria for a rating in excess of 10 percent.

The Board has denied the Veteran's claim of entitlement to service connection for cold weather residuals of the bilateral hands and feet.

The Board denied the Veteran's claim of entitlement to service connection for dental trauma, finding that new and material evidence had not been received since his previous denial in July 2003.

The Veteran's claim for service connection for residuals of a coma due to head injury is denied as there is no credible evidence of the alleged in-service trauma and hospitalization.

The Board found that the decedent did not have qualifying service for pension purposes and therefore denied the claimant's eligibility for nonservice-connected death pension benefits.

The Board has granted service connection for dyshidrosis and leg cramps, finding that the Veteran's conditions are related to his military service.

The Board has denied the Veteran's claim for service connection for Addison's disease as secondary to his service-connected type I diabetes mellitus, finding that there is no evidence or medical opinion indicating that the condition was caused by the Veteran's service-connected diabetes.

The Veteran's claim for waiver of recovery of overpayment of compensation benefits is being remanded due to the need for a statement of the case.

The Board found that the appellant's character of discharge was under 'other than honorable conditions' due to three periods of absence without leave (AWOL) for 62 days, which constitutes willful and persistent misconduct. The evidence does not demonstrate that he was insane at the time of these offenses.

The Veteran's peripheral vascular disease of the right lower extremity is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.

The Board has remanded the case due to incomplete service treatment records and a need for clarification on whether the Veteran's hernia is related to his service-connected lumbar spine disability.