Other conditions decisions — 2010

The Board has denied the Veteran's request for a waiver of overpayment in his service-connected disability benefits, finding that collection would not be against equity and good conscience.

The Veteran's chronic anal fissures are not shown to result in frequent involuntary bowel movements, and thus do not meet the criteria for a rating greater than 30 percent.

The Board found that the appellant may not be considered the Veteran's surviving spouse for purposes of receiving DIC benefits due to a lack of legal basis, and thus denied her claim.

The Veteran's application for educational assistance benefits was received more than one year after the on-the-job training, which is not within the time frame allowed by VA regulations.

The Board has determined that recovery of the overpayment of educational assistance benefits in the amount of $2,440 is not against equity and good conscience. The Veteran's actions did not represent fraud, misrepresentation or bad faith, and there was no change in position to his detriment.

The Veteran's service-connected left calcaneal stress fracture and right sacral stress fracture have resulted in functional loss equating to a compensable level of limitation of motion, warranting initial 10% ratings effective February 5, 2008.

The Veteran's appeal is denied as the educational assistance benefits under Chapter 30, Title 38, United States Code were not awarded for the period of training from November 27, 2005 to November 26, 2006 due to the commencing date being after the training period.

The Veteran's claim for reimbursement of unauthorized medical expenses at Redlands Community Hospital in June 2008 was denied as the requirements for payment or reimbursement under VA regulations were not met. The closest VA facility to his location did not refuse to accept him, and he could have been safely discharged from the private hospital.

The Veteran's service-connected hammer toes of the right and left feet are rated at 10 percent each, but the Board has determined that a higher 30 percent rating is warranted based on the severity of his symptoms.

The Veteran's claim for an initial compensable evaluation for the residuals of a fracture to the second and third metacarpals of the right hand was dismissed as his condition did not meet the criteria for any compensable rating.

The Board has determined that the Veteran's educational background is sufficient for entry-level employment in his chosen field, and therefore does not warrant additional vocational rehabilitation training.

The Board has remanded the case due to the appellant's incarceration and inability to attend a scheduled hearing. The case will be returned for further action.

The Veteran's service-connected bronchospastic disease is currently rated at 30 percent, and the Board finds that it does not meet the criteria for a higher evaluation.

The Veteran's right hip disability was granted a 60 percent rating for the period from March 29, 2007. The Board found that his current condition warranted this higher rating.

The Board has determined that the Veteran's arthritis of the neck was not incurred in or aggravated by his military service and may not be presumed. Additionally, it is not proximately due to, nor is the result of, his service-connected right foot injury with limitation of motion and arthritis.

The Board has remanded the case due to an inadequate VA examination and a need for a complete rationale supporting the conclusion that any current pulmonary disorders are not related to service.

The Veteran's compensation benefits were denied for apportionment on behalf of his minor children, J.G. and S.S., due to the appellant not demonstrating financial hardship that warranted an apportioned share.

The Board has reopened the claim for service connection of an eye disorder (exotropia and heterotropia) but denied it on the merits. The Veteran's other claims for hearing loss, tinnitus, and ulcerative colitis are pending in the Appeals Management Center.

The Board has remanded the case for further development and readjudication, including consideration of newly submitted treatment records.

The Veteran's bilateral knee disabilities have been granted increased evaluations, with the left and right knees each receiving a 20 percent evaluation. The effective dates for these evaluations are not specified in the decision.