Other conditions Board decisions

The Veteran's right foot bunion is currently rated as noncompensable due to its essentially asymptomatic nature and lack of severe symptoms equivalent to amputation or requiring operation with resection of the metatarsal head.,Similarly, the Veteran's left foot hallux valgus/bunion deformity is rated as noncompensable for the same reasons.

The Veteran's son requests burial and plot benefits for his deceased mother, but the appeal is denied as there are no applicable laws or regulations providing such benefits for a nonservice-connected veteran's spouse.

The Board found that the withholding of VA compensation benefits from May [redacted], 2006 to June [redacted], 2006 was not proper due to the Veteran's status as a fugitive felon, but the withholding from May [redacted], 2008 to June [redacted], 2008 was proper.

The Veteran's service connection claim for a dental implant of tooth #8, status-post trauma, is granted as the evidence shows that he sustained a traumatic injury to his tooth during active duty which led to its replacement with an artificial crown.

The Board has determined that the Veteran's current obstructive sleep apnea is not related to his service, and therefore denied his claim for service connection. The case is now remanded for further development regarding his bilateral foot condition.

The Board denied the Veteran's claims for service connection for inguinal hernia and thoracic spondylosis, finding that there was no evidence of a chronic disability during or within one year after service, and that any current upper back disability is not causally related to service.

The Veteran's herpes with scarring disability has not affected more than 40 percent of the entire body or exposed areas, and does not require constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs during the past 12-month period. The current rating of 30% is appropriate.

The Board finds that there is clear and unmistakable evidence of a pre-existing herpes simplex condition prior to the Veteran's active military service. The increase in severity during service was not shown, and thus service connection for this condition cannot be granted.

The appeal is being remanded due to a scheduling error for the Travel Board hearing. The appellant and Veteran have been notified of the rescheduled date, but if they do not attend, the case will be returned.

The Board determined that the appellant cannot be recognized as the Veteran's surviving spouse for VA death benefits purposes and denied her claim.

The Board has determined that there is no evidence of a chronic gastrointestinal disability during service or at any time after separation, and thus the claim for service connection is denied.

The Veteran's service-connected stress fecal incontinence has been granted an initial rating of 60 percent effective May 1, 2010 and increased to 60 percent effective August 1, 2012.

The Board has determined that there is no evidence of a right hip disability during service and the Veteran's current degenerative joint disease is not related to his military service. The claim for service connection for a right hip disability is denied.

The Board dismissed the appeal as the appellant withdrew her appeal prior to a decision being made.

The Veteran's enrollment in the IndyBar Review course through the Indianapolis Bar Association is not approved for educational assistance under Chapter 33 (Post-9/11 GI Bill) due to it being a non-college degree program and not meeting the requirements of an institution of higher learning.

The Board has remanded the case due to issues related to the validity of an overpayment of nonservice-connected pension benefits and a waiver thereof. The validity of the debt must be adjudicated first before deciding on the waiver claim.

The Veteran's widow is seeking a Board hearing on his claim for service connection for malignant thymoma. The case has been remanded due to the need for a Travel Board hearing at the St. Petersburg, Florida RO.

The Veteran died of aplastic anemia due to nosocomial pneumonia. There is no evidence that any service-connected disability contributed to his death, and there is no evidence linking the cause of death to service or a service-connected condition.

The Board finds that the Veteran's right leg/knee disability is related to his service, and grants service connection for this condition.

The Veteran's claims for increased evaluations for hallux valgus with marked exostoses in both feet have been remanded due to the failure of the Veteran to report for a VA examination scheduled in August 2011.