Other conditions decisions — 2011

The Veteran's appeal regarding retroactively reducing his compensation award and the validity of an overpayment in the amount of $10,080.00 was denied as there is no legal basis for additional compensation during the relevant period.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination to assess the Veteran's claimed anemia.

The Board has determined that a VA examination is needed to determine if the Veteran's exposure to extreme cold in the Arctic Circle caused or contributed substantially or materially to his death from aspiration pneumonitis. The case will be remanded for this purpose.

The Board has ordered the VA to obtain all relevant records from Folsom Lake College regarding the Veteran's education benefits in the fall of 2008, as these records are necessary for a proper adjudication of the appeal.

The Board found that the Veteran's post-gastrectomy syndrome is manifested by persistent diarrhea and intermittent nausea, but does not meet the criteria for a disability evaluation in excess of 30 percent.

The Veteran's initial compensable rating for right foot metatarsalgia is being remanded due to the need for a new VA examination to assess the current severity of his disability.

The Board has determined that the case must be remanded for further development to clarify the appellant's eligibility for Chapter 1606 benefits due to unsatisfactory participation and other factors.

The Veteran's claim for educational benefits under Chapter 30, Title 38, United States Code for the period from June 27, 1999 through June 24, 2000 was denied as he did not file his application within one year of receiving approval notice.

The Veteran's claim for increased ratings for residuals of sacrum fracture, bladder impairment, and radiculopathy was granted. A rating of 20 percent is assigned effective May 12, 2010.

The Board found that the Veteran's endocarditis did not start during his active duty for training and denied service connection.

The Veteran's Crohn's disease is rated at a maximum of 60 percent, effective from October 29, 2007. His bilateral plantar fasciitis remains at a 10 percent rating throughout the appeal period.

The Veteran's claim for an increased rating for bowel incontinence is being remanded due to the need for additional development and examination.

The Board has determined that there are no current cold injury residuals and that they are not related to service. The Veteran's claims for service connection for cold injury residuals have been denied.

The Board has determined that the Veteran's De Quervain's Syndrome of both wrists does not meet the criteria for a compensable initial rating under VA disability evaluation criteria.

The Board found that the appellant's health problems and pain were not caused by carelessness, negligence, or lack of proper skill on the part of VA medical providers during her July 1997 hernia surgery. The claim was denied as there is no evidence showing additional disability due to an unforeseeable event.

The Veteran's shell fragment wound of the right lower extremity was found to not meet criteria for a higher evaluation prior to March 1, 2010 and after that date did not meet criteria for a 20 percent rating.

The Veteran's only service-connected disability is rated at 40 percent and does not meet the schedular criteria for a TDIU. The Board finds that he is not unemployable due to his service-connected disability alone.

The Board finds that the Veteran does not have a current disorder manifested by gout due to disease or injury that was incurred in or aggravated by active service or was proximately due to or the result of service-connected osteomyelitis, status post arthroplasty first metatarsophalangeal joint of the right foot.

The Veteran seeks service connection for residuals of a second degree burn to his left foot. The Board has determined that additional development is needed, including obtaining updated VA treatment records and scheduling the Veteran for an examination.

The Veteran's claim for an increased rating for duodenal ulcer was denied. The claim for service connection for diverticulitis was reopened, but the claim for lung disorder remains not service connected.