Other conditions decisions — 2010

The Board denied the claim of entitlement to an extraschedular rating prior to January 26, 2005, for residuals of a herniated nucleus pulposus at T7-8 with neuralgia due to failure to show that the applicable statutory and regulatory provisions were incorrectly applied.

The Veteran was not entitled to nonservice-connected pension or special monthly pension based on need for aid and attendance at the time of his death due to income exceeding the maximum annual pension rate.

The Board finds that recovery of the overpayment would not be against the principles of equity and good conscience, but denies the claim for waiver of overpayment.

The Board denied the Veteran's claims for higher initial disability ratings for his degenerative joint disease of the right knee and instability of the right knee, finding that the evidence did not support a rating in excess of 10 percent for the knee condition or a separate evaluation in excess of 20 percent for instability.

The Veteran's claim for a compensable evaluation for service-connected bilateral foot disorder has been remanded due to the need for additional development, including obtaining VA and private treatment records, SSA disability records, and scheduling a new VA examination.

The Board found that there was no evidence linking the Veteran's chronic myelogenous leukemia to his military service, and thus denied the claim.

The Board has remanded the case to the RO for further development, including scheduling a VA pulmonary examination and obtaining additional medical records. The Veteran's claim for a disability rating in excess of 20 percent for his service-connected residuals of a pleural cavity injury secondary to a shell fragment wound is on appeal.

The Board has determined that the appellant's request for a waiver of overpayment was timely filed, and therefore grants this portion of her appeal.

The Veteran's service-connected status-post fracture left great toe disability is not productive of moderately severe foot injury during any period covered by this appeal, and therefore a higher rating in excess of 10 percent is denied.

The Veteran's death was not caused by his service-connected conditions, and there is no evidence of negligence during VA hospitalization. The Board found that the preponderance of the evidence does not support a finding that the Veteran's cause of death was related to service or any service-connected disability.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for purposes of establishing eligibility for Dependency and Indemnity Compensation (DIC) benefits.

The Board found that the appellant's right middle quadrant abdominal pain is not due to a known diagnosis and has not manifested to a compensable degree, resulting in denial of service connection.

The appellant does not have qualifying active service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the Armed Forces of the United States. Therefore, he is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Board found that the evidence submitted subsequent to the September 2001 rating decision was not new and material, and thus denied the Veteran's request to reopen his claim for service connection for a personality disorder.

The Veteran's postoperative gastrectomy and vagotomy for duodenal ulcer have resulted in anemia but not other symptoms such as nausea, vomiting, diarrhea, fatigue, or weight loss with malnutrition. The Board found that the evidence did not support a higher rating than 40 percent.

The Veteran's appeal is being remanded for further development, including an additional VA examination to assess the severity and manifestations of his service-connected gunshot wounds.

The Veteran's heart condition and personality change are not deemed to be caused by VA hospital care, medical or surgical treatment, or examination. The Board finds that the medications prescribed did not cause these conditions.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim for service connection for residuals of cerebrovascular accident with right sided hemiparesis.

The Board finds that the appellant's discharge from active military service is a bar to receiving VA benefits due to it being under conditions other than honorable, and thus denies the appeal.

The Board found that the Veteran's left upper extremity disorder and sleep disorder were not incurred in or related to service, nor are they secondary to his service-connected right upper extremity weakness. Therefore, service connection for these conditions is denied.