Other conditions Board decisions

The Veteran's service-connected residuals of shell fragment wounds to the back are rated as noncompensable under Diagnostic Code 7804. The Board finds that his scars do not meet the criteria for a compensable rating based on their size, stability, or symptoms.

The Board found no evidence to support a connection between the Veteran's current right foot disability and his service, including the 1989 injury. The condition is considered unrelated to any in-service event or disease.

The Board has determined that the Veteran's claim for an earlier effective date of February 1, 2006 for service connection and a 50% rating for removal of uterus with bilateral ovaries is granted.

The Board found no evidence of a direct relationship between the Veteran's bilateral knee arthritis and his military service, including any motor vehicle accident during service. The VA examiner concluded that the arthritis is not related to service.

The Veteran's service-connected spondylolisthesis of L5-S1 with spondylosis of L5 is currently rated at 20 percent, and the evidence does not show that his disability warrants a higher evaluation.

The veteran died in February 2007 from nonservice-connected causes and did not meet the legal criteria for a burial allowance, thus the claim is denied.

The Veteran's claim for an increased initial evaluation for residuals of a left (minor) supraclavicular injury was denied. The Board found that the evidence did not meet the criteria for a compensable rating prior to June 16, 2012 and in excess of 10 percent thereafter.

The Veteran's claim for service connection for a respiratory condition was initially denied due to lack of evidence during his last verified period of active duty. The Board has now ordered further development, including verification of the Veteran's presence on active duty from October 2007 to November 2007 and a VA examination.

The Veteran's residuals of a laceration of the left index finger are manifested by limitation of range of motion, but no evidence of amputation. The Board finds that the preponderance of the evidence is against the assignment of a rating greater than 10 percent for this disability.

The Veteran's pulmonary residuals of a shell fragment wound to the chest with a history of pleuritis are currently rated at 30 percent, and the evidence does not support an increase in this rating.

The Board has granted service connection for residuals of left foot ganglion cyst removal surgery. However, the claim for nonservice-connected pension benefits was denied as the Veteran does not meet the threshold requirement of wartime service.

The Board has ordered a remand to gather more information about the Veteran's employment status and service-connected disabilities, as well as to schedule him for an examination. The appeal is currently in a pending state.

The Veteran seeks payment or reimbursement for medical expenses incurred at Eastern Idaho Medical Center related to osteomyelitis of the right lower extremity. The appeal is being remanded due to a pending claim for service connection and other development.

The Veteran's appeal is being remanded for additional examinations and consideration of whether referral for extra-schedular rating under 38 C.F.R. § 3.321(b)(1) is warranted.

The Board found that the overpayment of VA educational assistance benefits in the amount of $2,202.63 was properly created due to the Veteran's withdrawal from all courses without mitigating circumstances.

The Veteran's claim for an earlier effective date prior to April 26, 1999 for the assignment of separate 10 percent evaluations for recurrent subluxation of his bilateral knees associated with service-connected chondromalacia was denied as there is no evidence of a formal or informal claim prior to June 17, 1993.

The Board has determined that the debt in the amount of $41,411.83 created due to fugitive felon status was valid and that waiver of overpayment of pension benefits is granted.

The Veteran's right elbow disability is manifested by pain and limited motion, with flexion to 146 degrees at worst. The Board finds that the current rating of 10 percent adequately compensates for his symptoms.

The Board has determined that the Veteran's cause of death, a pulmonary infection due to atrial fibrillation and congestive heart failure, was not caused or contributed substantially or materially by any service-connected disability. The appellant's claim for service connection for the cause of the Veteran's death is denied.

The Veteran's degenerative joint disease of the right and left wrists is currently rated at 10% each, but does not meet criteria for a higher rating based on additional functional loss or other factors. The Board finds no basis to grant an increased disability rating.