Other conditions decisions — 2010

The Board has remanded the case for further development regarding whether new and material evidence has been received to reopen a claim of entitlement to death benefits from the Department of Veterans Affairs. The appellant must provide new and material evidence to qualify as the Veteran's surviving spouse, which is necessary to reopen the October 1988 denial.

The Veteran seeks an earlier effective date for a 10 percent rating for his service-connected sinus disability, but the Board finds no legal basis to grant such as the February 1989 noncompensable rating is final and there is no indication of intent to file a claim prior to the February 19, 1998 increase in rating.

The Board denied the Veteran's claims for an increased rating for bilateral shin splints and service connection for arthritis of the tibial bones bilaterally. The claim to reopen her back disability was also denied.

The Board found that the Veteran's right hip disorder, which required a hip replacement, was not incurred in or aggravated by active duty service and is not caused or aggravated by a service-connected disability.

The Board has determined that additional development is needed to address the appellant's claim for service connection for the cause of the Veteran's death, including providing proper VCAA notice and obtaining a VA medical opinion.

The Board denied the Veteran's claim for a rating in excess of 10 percent for his left ulnar nerve reimplantation, finding that his symptoms did not warrant such a higher rating.

The Veteran's low back disability is rated at 20 percent, effective December 22, 2003. The rating for left leg radiculopathy was increased to 20 percent from December 28, 2009. No new evidence of service connection or other changes in the ratings were found.

The Veteran's claim is being remanded for further evaluation due to a need to verify the current need for regular aid and attendance.

The Board denied the Veteran's request for a waiver of overpayment of VA nonservice-connected pension benefits in the amount of $26,096.00 due to fault on his part and lack of proof of payment for aid and attendance.

The Veteran's claim of service connection for a spine disability is being remanded due to the need for additional development, including obtaining records from Womack Army Hospital and providing the Veteran with another examination.

The Veteran's claims for initial compensable ratings for residuals of a fracture of the fifth finger and sprain of the fourth finger of the left hand were denied as his symptoms did not warrant higher evaluations under the applicable rating criteria.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Veteran's service connection claim for a shrapnel wound of the right leg with retained foreign body is granted as his account of combat exposure and corroborating evidence support this finding.

The Veteran's service-connected right hip disability, including right trochanteric bursitis and degenerative changes of C5-C6, is rated at 10 percent. The rating remains unchanged as the evidence does not demonstrate distinct time periods in which the service-connected disabilities exhibited diverse symptoms meeting different ratings.

The Board denied the appellant's claim for accrued benefits as she is not the Veteran's child and her application was filed more than one year after the death of the surviving spouse.

The Board found that new and material evidence had not been received to reopen the Veteran's claim for service connection for dental trauma. The previous denial was final, and thus the Veteran's petition to reopen the claim has failed.

The Veteran's appeal for an increased rating of his service-connected PTSD was denied. The Board found that the Veteran's PTSD is currently manifested by occupational and social impairment with reduced reliability and productivity, warranting a 50 percent disability evaluation.

The Veteran's service-connected right shoulder disability is not shown to warrant a higher than 10 percent rating based on the current evidence of record.

The Board of Veterans' Appeals denied the Veteran's claim for service connection for residuals of a back injury due to lack of evidence supporting her claim.

The Board denied service connection for chronic diarrhea, but the issue of a separate evaluation for residuals of right radical nephrectomy remains pending.