Other conditions decisions — 2014

The Veteran was declared permanently and totally disabled, but the appellant is not eligible for Chapter 35 DEA benefits as she turned 26 before her father's disability rating became effective.

The Board has granted the Veteran's request for a waiver of recovery of an overpayment of service-connected compensation benefits in the amount of $2,835.00, finding that it would be against equity and good conscience to recover this debt.

The Board has determined that the May 1951 rating decision severing service connection for arthritis of the left great toe contained clear and unmistakable error (CUE) due to a failure to recognize the diagnosis of hammertoe of the left great toe, which was in-service aggravated by a congenital pes cavus deformity. The Board has therefore reversed the May 1951 rating decision and restored service connection for hammertoe of the left great toe.

The Veteran's claim for service connection for multiple myeloma was denied as there is no credible evidence of radiation exposure during his military service and the condition is not otherwise related to service.

The Veteran's left hip iliotibial band syndrome is currently rated at 10 percent, effective March 1, 2006. The condition does not meet the criteria for a higher rating based on additional limitation of motion or other factors.

The Board has determined that the Veteran's narcolepsy was incurred during active duty service and granted service connection for this condition.

The Board has remanded the case due to a failure to afford the appellant a videoconference hearing, and she requested such. The case will be returned to the Board after the hearing is conducted.

The Board denied the Veteran's request for an earlier effective date for service connection for Guillain-Barre syndrome and its residuals, finding that the May 1983 rating decision did not involve clear and unmistakable error (CUE).

The Board has ordered a remand due to the need for additional development, including obtaining an examination report and ensuring all pertinent records are associated with the claims file. The Veteran's claim will be adjudicated again after these actions.

The Veteran has been granted service connection for a residual scar on his right lower leg, but the claim for residuals of a back injury remains pending.

The Veteran's symptoms of fatigue and tiredness are not considered to be due to an undiagnosed illness or a service-connected disability, and the claim is denied.

The Board has determined that the reduction of the Veteran's service-connected right foot drop rating from 10 percent to 0 percent, effective August 1, 2010, was not in accordance with law and thus restored the original 10 percent evaluation.

The Board found no chronic respiratory disability and denied the Veteran's claim for service connection.

The Veteran's skin disorder is not shown to have had its clinical onset during service or be due to a documented event or incident of any period of active duty for training. The Board finds the September 2013 VA examination report, which opined that the Veteran's current skin disorders were less likely than not related to any event or incident in service, is particularly probative.

The Board denied a rating in excess of 10 percent for otitis media, finding that the disability has not manifested in suppuration or aural polyps and has been rated since May 27, 1953.

The Board has determined that the Veteran's low back disability was not incurred in or aggravated by service and denied his claim.

The Veteran's unauthorized medical expenses incurred at a private facility on May 3-4, 2011 were denied as he did not meet the criteria for reimbursement under VA regulations.

The Veteran's claim for a higher initial rating for ulnar nerve impairment of the left hand was granted, with a 30 percent disability rating effective November 21, 2013. The other issues remain on appeal.

The Board has reopened the Veteran's claim of service connection for residuals of a right hip shrapnel wound and remanded it for additional development.

The Board has determined that the Veteran's current back disability and bilateral foot disorder are related to his service, warranting a grant of service connection for both conditions.