Other conditions decisions — 2012

The Board found that the Veteran's failure to report his younger daughter's election of Chapter 35 benefits contributed to the overpayment, and thus waived recovery would not be against equity and good conscience. The decision concluded that denial of waiver was warranted due to the Veteran's fault in creating the debt.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing and issuance of a Statement of the Case in relation to his claim for a compensable evaluation for right hip tendonitis.

The Board denied service connection for a bilateral leg condition secondary to the Veteran's service-connected lumbar spine disability. The deviated nasal septum was granted an initial noncompensable rating.

The Board has determined that the appellant is not eligible for MGIB-SR education benefits due to her lack of a six-year commitment with the Selected Reserve, despite having participated in various periods of active duty and receiving previous benefits.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a dental disorder, allowing for further consideration.

The Board denied the appellant's claim for legal entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized active military service.

The Veteran is seeking service connection for a left leg disorder resulting from surgery performed by the VA in February 2006. The case has been remanded to obtain additional medical records and conduct an examination.

The Veteran's bilateral anterior uveitis has been manifested by episodic eye irritation with complaints of pain, redness, and decreased vision. However, incapacitating episodes requiring prescribed bed rest and treatment by a physician have not been shown, nor has impairment of central visual acuity or significant impairment of field vision.

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

The Veteran's appeal is being remanded to obtain additional VA treatment records and to schedule him for a VA examination with an oncologist to determine the etiology of his cancer, including whether it is related to service or exposure to herbicides.

The Board has remanded the case to further address whether there were 'compelling circumstances' for the AWOL (absent without leave) that was the basis for the denial of VA benefits.

The Board has determined that the Veteran's current back disability, diagnosed as chronic sprain with multilevel degenerative disk disease and spondylosis, is related to his military service. Service connection for this condition is granted.

The Board denied an increased rating for the Veteran's service-connected residuals of a fractured right humerus, finding that an extraschedular evaluation was not warranted.

The case is currently under review due to a need for additional evidence and information, including medical records and personnel file. The Veteran's thoracic spine disability rating needs to be reassessed, and the issue of whether his 1971 auto accident was in the line of duty requires further investigation.

The Veteran's claim for increased ratings for his degenerative joint disease of the thoracic spine is being remanded due to errors in the Supplemental Statement of the Case (SSOC).

The Board denied the claim for service connection as the preexisting right arm or shoulder disorder was not aggravated by any incident during active duty training, and the Appellant is not considered a 'Veteran' due to his period of ACDUTRA.

The Veteran's varicose veins were rated at 10% prior to June 11, 2010 and are currently rated at 20%. The Board found the evidence did not support a higher rating for any period of time.

The Board has remanded the issue of entitlement to a waiver of the recovery of indebtedness in the amount of $434.86 due to the need for issuance of a statement of the case.

The Board denied service connection for memory loss, dizzy spells with blurred vision, and fatigue as there was no objective evidence of these conditions perceptible to an examining physician or capable of independent verification.

The Veteran's right hip trochanter bursitis has been rated at 10 percent since May 18, 2002. The Board found that the current rating adequately reflects his disability level and symptomatology.