Other conditions decisions — 2010

The Board has determined that the Veteran's actions, including failure to report his wife's income and endorsement of stolen checks, constituted bad faith. Therefore, recovery of the overpayment is not allowed.

The Veteran's service-connected foot disabilities have been granted initial disability ratings of 20 percent each for residuals, status post cheilectomy of the left and right metatarsophalangeal joints (MTPJs) with postoperative hallux rigidus.

The Veteran's unauthorized medical expenses for nosebleeds at the Wichita Clinic were denied as he had private insurance coverage.

The Board found that the Veteran's biopsy scar did not meet the criteria for a compensable rating under any applicable portion of the VA rating schedule, and thus denied her claim for an increased rating.

The Board has determined that service connection is warranted for gastroenteritis, but the Veteran's bilateral foot disorder remains unresolved.

The Board has determined that the discontinuance of vocational rehabilitation benefits for self-employment purposes was proper due to the Veteran's failure to cooperate with VA efforts and his repeated refusal to attend scheduled meetings or counseling sessions.

The Veteran's claim for an increased rating for his bilateral foot disability was remanded by the Board of Veterans' Appeals. The case is now returned to the RO for further review and consideration in light of all additional evidence added to the record.

The Veteran's service-connected traumatic arthritis of the cervical and lumbar spine has been granted increased ratings, with separate ratings for each spinal segment. The bilateral arm condition is not found to be related to his service-connected disabilities.

The Board found that the Veteran's current right hip disability, including degenerative joint disease, was not incurred in or aggravated by service and is unrelated to an injury or disease of service origin.

The Board found that the Veteran's service-connected post-operative dislocation syndrome and hammertoe deformities of digits 2, 3, and 4 of the right foot are productive of severe impairment but do not cause loss of use of the right foot. Therefore, a higher rating in excess of 30 percent is denied.

The Veteran's appeal is being remanded due to the submission of new VA treatment records that need to be considered and discussed in the decision.

The Board has remanded the case due to uncertainty regarding in-country Vietnam service and potential herbicide exposure. The Veteran's cause of death is listed as pneumonia, hypoxia, and pulmonary fibrosis with underlying causes including chronic obstructive lung disease, aspiration, and a cerebral vascular accident.

The Veteran's claim for an initial evaluation in excess of 10 percent for endometriosis with uterine fibroids prior to January 8, 1997, and a separate evaluation in excess of 10 percent for laparoscopy scar was adjudicated. The Veteran received a maximum 50 percent evaluation since October 7, 2003, for endometriosis with uterine fibroids.

The Veteran's appeal is denied as his claim for an increased rating and effective date for post gastrectomy syndrome with gastric ulcer status post gastric non-Hodgkin's lymphoma are not supported by the evidence. The issue of CUE in the denial of service connection for PTSD remains unresolved.

The Board has determined that additional VCAA notice is required and the case must be remanded for further development.

The Veteran's service-connected shell fragment wound, right chest with neuritis of T8 is currently rated at 30 percent and his residuals, shell fragment wound with liver damage, laparatomy and duodenal ulcer are rated at 20 percent. Both conditions meet the criteria for a higher rating under their respective diagnostic codes.

The Veteran's claims for higher ratings for his knee disabilities were denied. The right knee was rated at 20 percent, and the left knee received a separate 10 percent rating for limitation of extension from March 23, 2006.

The Board found that the Veteran's death from non-Hodgkin's lymphoma was not caused by service-connected conditions or presumed exposure to herbicides, and thus denied the claim for service connection.

The Board has reopened the claim of service connection for regional enteritis, also known as Crohn's disease, and finds that it is at least as likely as not that the Veteran incurred this condition during active military service. The Board resolves reasonable doubt in favor of the Veteran.

The Board found that the appellant and the Veteran did not establish a common law marriage following their legally valid divorce in January 2005, which is required for VA benefits. Therefore, the appellant cannot be recognized as the Veteran's spouse for VA benefit purposes.