Other conditions decisions — 2012

The Veteran's service-connected degenerative joint disease of the shoulders is currently rated at 10 percent, and no higher. The VA examiner found no impairment of daily activities or functional loss on motion.

The Veteran's claim for service connection for acromegaly with dilated cardiomyopathy and arthralgias, including as due to radiation exposure during service, is being remanded for a VA medical examination to determine the nature and etiology of his condition.

The Board found that the overpayment of nonservice-connected pension benefits was properly created due to the Veteran's failure to report his spouse's income and SSA benefits, resulting in an overpayment. The requirements for waiver of recovery were not met.

The Board has determined that the appellant's request for waiver of overpayment was not timely filed, and thus denied.

The Board has remanded the case for further evidentiary development due to an inadequate VA examination. The Veteran's right femur disability is being evaluated again to determine its current severity and impact on his ability to work.

The Veteran's pelvic inflammatory disease is manifested by severe symptoms not controlled by continuous treatment, warranting a 30% disability rating.

The Board found that the sesamoiditis did not result in moderate impairment or approximate severe hallux valgus, and thus denied a compensable rating.

The Board denied the Veteran's claim for service connection for bilateral anterior subcapsular cataracts, finding that there is no reasonable possibility that his condition was caused by exposure to ionizing radiation during military service.

The Board found that the Veteran's preexisting rheumatic fever did not worsen during service, and thus denied his claim for service connection.

The Board determined that the Appellant's character of discharge was under other than honorable conditions due to an absence without leave (AWOL) for over 180 days, and thus his service is barred from VA benefits.

The Board found that the Veteran's neurological and skin disorders are presumed to have been incurred in service due to herbicide exposure, specifically Gulf War Syndrome. The conditions were granted as service-connected.

The Veteran's application for a higher priority group for enrollment in the VA healthcare system was denied because he does not have any service-connected disabilities. The case is based on interpretation of existing law and regulations, with no new evidence presented.

The Veteran's service connection claim for chest pain, diagnosed as costochondritis, is granted. The Board finds that the Veteran had a continuity of symptoms since service and supports this with medical evidence.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for peripheral vascular disease of the right and left lower extremities, including as secondary to diabetes mellitus and coronary artery disease. The case will be remanded for further action.

The Board has determined that the Veteran does not have a current skin disorder and therefore cannot establish service connection for this condition.

The Board has granted service connection for post-traumatic costochondritis (Tietze's syndrome) deformity involving the right second anterior rib and assigned a 10 percent rating, which is the maximum schedular evaluation available under Diagnostic Code 5297-5321.

The Board has remanded the case due to incomplete information and a need for additional development, including obtaining SSA records and providing proper VCAA notice.

The Veteran's appeal for educational assistance benefits under Chapter 30, Title 38, United States Code, beyond May 2, 2005 is denied as he did not meet the eligibility requirements due to incorrect information provided by a VA employee.

The Board has determined that additional development is needed to properly evaluate the Veteran's left knee disability, including determining whether a meniscus tear is present and its impact on her current rating. The case is therefore being remanded for further action.

The Veteran's service connection claims for right shoulder and low back disorders, as well as his PTSD and bilateral sensorineural hearing loss have been granted. The TDIU claim is pending.