Other conditions decisions — 2010

The Veteran's claims for service connection for submucous fibroids and an effective date prior to March 28, 2002 for the grant of service connection for major depression with PTSD are being remanded due to the need for additional development including obtaining VA medical records and scheduling a VA examination.

The Board denied the Veteran's claims for service connection for a personality disorder and left knee disorder, finding that his current diagnosis of a personality disorder was not incurred in or aggravated by active military service.

The Veteran's claim for an increased rating in excess of 10 percent for his service-connected foot disorder is being remanded to allow the VA to ascertain the severity of his condition and clarify findings.

The Veteran's claim for an increased rating for his right thumb fracture disability is denied as the evidence does not support a higher rating than the current 10 percent assigned.

The Board has determined that an effective date of October 8, 2005 is warranted for the awards of nonservice-connected pension benefits and special monthly pension (SMP) based on aid and attendance (A&A) of another person.

The Veteran's residuals of pneumothorax are rated at a combined rating of 30 percent, with the intercostal neuralgia component rated at 20 percent. The case is remanded to determine if an extraschedular rating is warranted for the period prior to January 4, 2008.

The Veteran's claim for service connection for blepharitis was denied as there is no objective evidence of a current disability and the condition did not manifest during or within one year after service.

The Veteran's claim for non-service-connected pension benefits is denied as he did not meet the service requirement of having at least 90 days of active duty during a period of war.

The Veteran's service-connected hiatal hernia with symptoms is currently rated at 30 percent, and the Board finds that this rating adequately reflects his current symptomatology.

The Board has determined that the appellant may be recognized as the Veteran's surviving spouse for purposes of VA death benefits based on his service, despite multiple separations due to the Veteran's misconduct.

The Veteran's initial claim for service connection for HIV/AIDS was granted, and he is currently receiving a 30 percent rating retroactively effective from October 1, 2006. However, his appeal seeks an increase in the disability rating beyond this initial grant.

The Veteran's second wife was added as a dependent spouse to his VA compensation award effective February 8, 2007. The Board found that the earliest date of notification by the Veteran to VA regarding his remarriage made this the earliest effective date.

The Board has granted service connection for celiac disease and a finding of direct service connection. For the increased rating claim, the Veteran's inguinal hernia is not productive of a recurrent, readily reducible hernia that is well supported by truss or belt, thus preventing him from receiving a compensable rating.

The Veteran's stress fracture of the left tibia was not incurred in or aggravated by service.

The Veteran's claims for higher ratings for bilateral hearing loss and service connection for anaplastic multiple myeloma are being remanded due to the need for additional development, including dose estimates for radiation exposure and a VA examination.

The Veteran's request for an extension of her delimiting date beyond March 22, 2007, for education benefits under the Montgomery GI Bill was denied as there is no legal entitlement to such benefits due to personal circumstances preventing timely completion of her educational program.

The Board has determined that the reduction of the Veteran's compensation benefits due to incarceration was proper under VA laws and regulations.

The Board has decided to remand the case for further development regarding the validity of the overpayment created and to consider the waiver request.

The Board denied the claim for service connection for left ventricular hypertrophy, finding that there was no evidence of a disability during active duty and no credible association with service.

The Veteran's left forearm disability, including his DeQuervain's tenosynovitis, is currently rated at 20 percent. The Board has granted a separate 10 percent rating for the DeQuervain's tenosynovitis.