Other conditions decisions — 2011

The Board has determined that additional development is needed before the claim can be adjudicated, including obtaining relevant VA treatment records and scheduling a medical examination to assess the current severity of the Veteran's service-connected left foot disability.

The Veteran's bilateral foot disorder, currently rated at 30 percent, does not meet the criteria for a higher rating as there is no evidence of marked contraction of plantar fascia with dropped forefoot, all toes hammer toes, very painful callosities, and marked varus deformity.

The Veteran seeks service connection for residuals of a back injury. The Board has determined that additional development is needed to determine the nature and etiology of his current low back disorders, including whether they are related to an inservice back injury in June 1949.

The Veteran's claim for service connection for porcelain dental crowns was denied as there is no evidence of a service-connected disability, and the Board found that he did not have a valid basis to seek ongoing treatment.

The Board has determined that the overpayment of educational assistance benefits in the amount of $4,446.64 is invalid due to VA's administrative error.

The Veteran withdrew his appeals for increased evaluation and earlier effective date for chronic prostatitis with benign prostatic hypertrophy.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of any left arm condition. The Veteran's claim for an evaluation in excess of 50 percent for PTSD is also being remanded. Additionally, the issue of TDIU will be considered on remand.

The Veteran's appeal is being remanded for further evaluation of his service-connected shell fragment wounds to the left lower leg, left thigh, and right lower leg. The RO will determine if additional examinations are needed and readjudicate the claims.

The Board denied the appellant's petition to reopen her forfeiture claim, finding that new and material evidence did not relate to an unestablished fact necessary to substantiate the claim. The appellant was found to have provided fraudulent information regarding her 'son' in connection with her 1996 VA death benefits claim.

The Veteran's overpayment of $4,375.64 in pension benefits was created due to his failure to notify VA of his incarceration. The Board found that the fault for this overpayment lies solely with the Veteran and not with VA. The decision concludes that recovery would be against equity and good conscience.

The Veteran's claim for a higher rating for his left hip replacement was granted, with the effective date being June 24, 2009. The issue of service connection for shortening of the left leg secondary to his service-connected left hip replacement is addressed in the remand portion.

The Veteran's son filed a claim for Dependents' Educational Assistance (DEA) benefits. The RO found the Veteran was permanently and totally disabled, qualifying his dependents for DEA benefits effective from November 21, 2007. The appellant did not respond to the RO's request within the required 60-day period, so the earliest possible effective date assigned by law is November 19, 2008.

The Board found that the Veteran's pre-existing bilateral knee disability, which included chondromalacia patella, existed prior to service and was not permanently aggravated during service. As a result, the claim for service connection was denied.

The Board denied the Veteran's claim for service connection for a genitourinary disorder, claimed as a groin condition and cystitis and currently diagnosed as orchitis. The evidence did not establish that his current condition was related to service.

The appellant is not recognized as the Veteran's surviving spouse for purposes of receiving VA death benefits.

The Board found that the appellant is not eligible for DIC benefits as she does not meet the requirements to be recognized as the surviving spouse of the Veteran.

The Veteran's service-connected residuals, status post left clavicle fracture were found to not warrant a compensable disability rating. His bilateral hearing loss and tinnitus were also not shown to be related to his military service.

The Board has determined that the appellant does not have qualifying service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's income is not a bar to non-service-connected pension benefits with an additional allowance for aid and attendance, effective February 1, 2006.

The Board has determined that CC and LC are not legally entitled to DEA as the adopted children of the Veteran and the Appellant based on the provided evidence.