Other conditions decisions — 2010

The Board has granted an apportionment of 20 percent of the Veteran's VA compensation benefits for the appellant's minor child, C. J. W., based on the Veteran not reasonably discharging his responsibility for support and no hardship shown.

The Veteran died of hypoxia due to chronic obstructive lung disease. The Board found that the Veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not rated by VA as totally disabled for at least 10 years prior to his death.

The Board has determined that the Veteran's current gynecological disability, specifically removal of an ovary, is not related to her military service and therefore denied her claim for service connection.

The Veteran's current diagnoses of left achilles tendonitis and a degenerative disorder of the left calcaneus are related to active military service, and the Board has granted service connection for these conditions.

The Board has reopened the claims for service connection for multiple joint pain, a gastrointestinal disorder, and a psychiatric disability. However, new evidence does not provide a reasonable possibility of substantiating these claims.

The Board has determined that the recovery of an overpayment of $2,259.14 in VA educational benefits is against equity and good conscience due to financial hardship and defies the purpose of providing such benefits.

The Board denied the Veteran's claims for an initial disability rating in excess of 20 percent for service-connected status post ventral hernia with mesh and TDIU, finding that the evidence did not support a higher rating based on the current level of severity.

The Board has remanded the case for additional development due to insufficient consideration of a service treatment record indicating back pain during active military service.

The Veteran's service-connected bilateral feet calluses are currently rated at 30 percent effective October 24, 2008.

The Board found that the Veteran's current right foot disorder is not related to his service, as there was no evidence of a fracture during service and no continuity of symptoms after service. The claim for service connection was denied.

The Board denied service connection for fibroid cysts in the breasts and abdominal pain, finding no diagnosed disability related to these conditions during or after service. The Veteran's claims were based on direct service connection rather than secondary to a service-connected condition.

The Veteran's service-connected residuals of shell fragment wounds to the left elbow and left leg have been granted increased ratings, with effective dates of June 14, 2005.

The Veteran's appeal involves disagreement with the initial rating assigned following the grant of service connection for laryngitis. The RO has ordered a more comprehensive VA examination to assess the severity of his disability, as he now contends that his condition is worse than what was indicated in the April 2006 VA examination.

The Veteran's cause of death was not related to service-connected conditions, and the appellant did not meet the criteria for dependency and indemnity compensation under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran's claim for an earlier effective date for additional compensation for a dependent spouse is denied. The evidence does not support an earlier effective date than November 1, 2006.

The Board has remanded the case due to the appellant requesting a Travel Board hearing. The claims file should be returned to the Board after the hearing is conducted.

The Veteran's dental trauma is not service-connected as there is no evidence of impairment of the mandible, loss of a portion of the ramus, and loss of a portion of the maxilla, or loss of teeth due to the loss of substance of body of maxilla or mandible. The claim must be denied.

The Veteran's appeal is being remanded due to incomplete medical records and the need for informed consent documentation.

The Board has reopened the Veteran's claims for service connection for arthritis of the right elbow and arthritis of multiple joints. The evidence is in equipoise as to whether these conditions are related to his military service, with conflicting opinions from VA examiners and a medical opinion supporting the Veteran's claim.

The Board has determined that a remand is necessary to obtain an updated VA examination regarding the nature and etiology of the Veteran's chronic myelogenous leukemia, including whether it is related to in-service exposure to solvents, chemicals, and/or toxins.