Other conditions Board decisions

The Veteran's Crohn's disease is manifested by a serious complication, namely stricture in his colon. The Board finds that the criteria for a 100 percent evaluation have been met.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess his upper respiratory condition and PFB. The issues of service connection and rating will be reconsidered in light of the additional evidence.

The Board denied the Veteran's claims for service connection for an eye disability and loss of teeth due to gum disease. The Board found that there was no evidence linking current eye disorder or dental condition to service.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA pension benefits, during the period from June 1, 2003 to December 1, 2007. The decision found that the creation of the overpayment was valid and that there was no bad faith or fraud on the part of the Veteran. However, the Board concluded that recovery would not be against equity and good conscience due to the fault of the Veteran in failing to report his SSA disability benefits.

The Board has determined that the Veteran does not have a current heart disability and therefore cannot establish service connection for his claimed condition.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has reopened the claim of service connection for Bell's palsy (claimed as facial paralysis) due to new and material evidence submitted since the April 2003 rating decision. The Veteran's current diagnosis is Bell's palsy, which existed prior to his active duty service from March 1980 to January 1981. There is no clear and unmistakable evidence that Bell's palsy was aggravated by service or related to any period of ACDUTRA. As a result, the claim for service connection is granted.

The Board has determined that the appellant is not eligible for Chapter 1606 educational assistance benefits due to his discharge from the Reserve in March 1996, which was more than ten years after he applied.

The Board has determined that the Veteran's spondylolysis and spondylolisthesis at L5-S1 were aggravated during active military service, granting service connection for these conditions.

The Veteran's claim for an increased evaluation and earlier effective date for his service-connected right knee degenerative joint disease was denied. The Board found that the current 10% rating is appropriate, but granted a separate 10% evaluation for painful motion. The appeal regarding the effective date of service connection for the right knee condition was also denied.

The VA has determined that the appellant's claimed foot condition, diagnosed as dyshidrosis, is not related to his service and thus denied his claim for service connection.

The Veteran's claim for service connection for Chronic Myelogenous Leukemia (CML) due to presumed exposure to Agent Orange during his military service has been denied. The Board found that CML is not one of the enumerated diseases associated with herbicide exposure, and thus cannot be presumed based on in-service exposure to Agent Orange.

The Veteran's service-connected residuals of fracture L-1 resulted in pain and fatigue, but did not meet the criteria for a higher rating as his range of motion was within normal limits and he did not have incapacitating episodes or objective neurologic abnormalities.

The Board finds that the Veteran does not have a current diagnosis of a left hip disorder and thus cannot establish service connection for this condition.

The Board has determined that the Veteran is not competent to manage his own funds without limitation and therefore, denies his claim for direct receipt of VA compensation benefits.

The Board has remanded the case due to the need for a VA examination and further development of the record regarding the Veteran's claim for service connection for a left elbow disability.

The Board found that the correct amount of $232.80 was withheld from VA compensation payment for drill pay in fiscal year 2008, and thus granted the Veteran's claim.

The Board found that the Veteran's death was not caused by or related to his military service, including exposure to herbicides. The cause of death listed on his death certificate was obstructive pneumonia, which led to metastatic carcinoma in the thoracic spine and lung cancer.

The Veteran's claim for special monthly pension based on the need for aid and attendance was received by VA on March 26, 2008. The appellant argues that he should be entitled to an earlier effective date due to his mother's previous contact with a local Veterans office in June 2006. However, the Board finds no legal basis for assigning an effective date earlier than March 26, 2008.

The Board has remanded the case due to the need for a medical opinion regarding the etiology of the Veteran's cause of death, which includes esophageal and pancreatic cancers.