Other conditions decisions — 2011

The Veteran withdrew his appeal for the overpayment of educational assistance benefits, resulting in the dismissal of the case.

The Board found no evidence of a lung disability in service or related to service, including asbestos exposure. The Veteran's claim for bilateral lower extremity peripheral neuropathy was also denied as there is no credible evidence linking the condition to herbicide exposure.

The Veteran's appeal is being remanded for a Travel Board hearing and further development. The issues of entitlement to an increased evaluation for spondylolisthesis and spondylolysis, and TDIU are pending.

The Veteran's skin condition of the bilateral lower extremities/feet and back, as well as his face and neck, has been rated at 30 percent since September 14, 2005.

The Board found that the overpayment of DIC benefits in the original amount of $242,780.00 was validly created due to the appellant's failure to report her marital status properly and continued cohabitation with a subsequent spouse after receiving DIC benefits. The Board also determined that waiver of recovery of the overpayment is not warranted because it is precluded by law.

The Board has remanded the case due to the need for a new medical examination and additional development of records, including SSA disability benefits records.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for a chronic cardiac condition allegedly caused by VA treatment in September 2005, January 2006, and March 2006. The claim is remanded due to the need for informed consent documentation.

The Board has denied the claimant's request for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized active military service.

The Board denied the Veteran's claim of service connection for a sinus disorder, finding that there is no evidence linking his current condition to his military service.

The Board denied an effective date before November 7, 2003 for the grant of nonservice-connected pension and a rating higher than 40 percent for enucleation of the right eye. The case is being remanded to obtain VA records from Dr. Clearihue's treatment in Los Angeles.

The Board dismissed the appeal due to the appellant's withdrawal of his appeal.

The Veteran's service connection claims for residuals of stitches under the left eye and residuals of a broken tooth are granted as his account of in-service injuries is found to be both competent and credible.

The Board has remanded the case for additional development due to missing VA treatment records from November to December 1987. The Veteran's claim will be handled in an expeditious manner.

The Veteran's appeal is being remanded to the RO for a Travel Board hearing and additional development. The issues include rating for fracture, right fifth metacarpal; TDIU; service connection for left hand disability; service connection for right hand disability; and special monthly compensation based on need for aid and attendance.

The Veteran's right patellofemoral syndrome is currently rated at 10 percent, effective from the date of the decision.

The Board has remanded the Veteran's claim for a gynecological disorder due to her military service, including an elective tubal ligation and hysterectomy. The case is being returned for further development and consideration.

The Veteran's stuttering disorder is manifested by symptoms that are analogous to no more than moderate incomplete paralysis, and thus does not meet the criteria for a higher rating.

The Board denied the appellant's claim for a higher rate of Dependency and Indemnity Compensation (DIC) under 38 U.S.C.A. § 1311(a)(3), finding that she was not entitled to such benefits as her husband died after January 1, 1993.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for prostatitis and a back injury. As such, these claims remain denied.

The Board found that the appellant's right elbow disability, manifested by ulnar nerve entrapment with mild weakness and decreased sensation in the little and ring finger, did not warrant a rating higher than 10 percent under Diagnostic Code 8516.