Other conditions decisions — 2011

The Veteran's combined disability rating is 90%, which qualifies him for eligibility to Dependents' Educational Assistance (DEA) under Chapter 35. However, the appellant cannot be considered an 'eligible person' because she does not meet the basic criteria under the law for DEA benefits.

The Board has determined that arthritis of the hips is attributable to service and granted service connection for this condition.

The Board has remanded the case for a new VA examination to determine if the Veteran has had a skin disorder since his claim was filed in March 2005, and whether any such disorder is related to his documented in-service symptoms.

The Board has remanded the case due to the need for additional medical records and clarification of service dates. The Veteran's claim for service connection for residuals of a fractured right index finger will be reconsidered based on the new evidence.

The Board denied the appellant's claim for retroactive payment of DEA benefits prior to July 28, 2002. The decision stated that the appellant was not an 'eligible person' under the alternate provisions for establishing the commencing date of benefits due to her untimely application.

The Board has remanded the case due to incomplete service records and requests for additional information from the Veteran. The issue of entitlement to service connection for a bilateral inguinal hernia remains pending.

The Veteran's claim for service connection for chronic cephalgia, to include as secondary to his service-connected bilateral hearing loss and tinnitus, is being remanded due to the need for additional medical records and a clarification of the nexus between the claimed condition and his service-connected disabilities.

The Board found that the August 1993 RO rating decision was not clearly and unmistakably erroneous in not granting a rating in excess of 20 percent for a left pneumothorax. The Veteran's claim for CUE in subsequent ratings is addressed, but the specific details are not provided.

The Board denied the Veteran's request for waiver of recovery of an overpayment of pension benefits in the amount of $16,310.00 because it was not received within 180 days after notification.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for residuals of a stroke, as the evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran withdrew his appeal for a rating in excess of 10 percent for duodenal ulcer.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a left foot disorder. After reviewing all available evidence, including private medical opinions and VA examination reports, the Board finds that there is at least equipoise of probative value regarding whether the Veteran's current left foot disorder is related to his military service. Therefore, the claim is granted.

The Board found no evidence linking the Veteran's Systemic Lupus Erythematosus (SLE) and Raynaud's syndrome to her service, including any presumptive conditions. The claims were denied as there was insufficient competent medical evidence to support a decision on the merits.

The Veteran's narcolepsy with cataplexy is productive of daytime sleep episodes occurring more than ten times per week, as well as occasional episodes of cataplexy manifested as weakness in the legs. The Board has determined that a rating of 80 percent for this condition is warranted.

The Board denied the appellant's claims for initial and compensable disability ratings for his service-connected conditions, including arthritis of fingers of right hand with tumor-type spur enlargement of bone of distal proximal phalanx of right thumb and status post arthroplasty of right fifth toe.

The personal expenses of the appellant prior to her husband's death cannot be used to reduce her countable income for purposes of her claim of entitlement to Department of Veterans Affairs improved death pension benefits.

The Board has determined that a new VA examination is necessary to address the Veteran's thoracic spine disorder, including whether it is related to his military service or any service-connected disabilities. The case will be returned for further review after obtaining the requested medical opinion.

The Board has decided to remand the case for further development, including obtaining service treatment records and SSA disability benefits determination records. The appellant's mental state during military service will also be evaluated by a VA psychiatrist.

The Board denied the Veteran's claims for increased ratings for his left thumb and wrist disabilities, finding that they did not meet the criteria for a rating in excess of 10 percent.

The Board denied the Veteran's claim for restoration of non-service-connected pension benefits due to a legal error in reducing his benefits during his incarceration.