Other conditions Board decisions

The Board has determined that the Veteran does not have a separate sleep disorder and his insomnia is attributed to his service-connected tinnitus, TBI, and psychiatric conditions. Therefore, he cannot establish service connection for a sleep disorder.

The Veteran's claims for service connection are being remanded due to the loss of his original claims file and unavailable records. A VA examination is needed to determine if any current conditions are related to military service.

The Veteran's Bell's palsy was rated at 10 percent prior to May 24, 2011 and increased to 20 percent thereafter.

The Veteran's claim for service connection for a right hand disorder is denied as there is no evidence of a current disability or in-service injury.

The Veteran's service-connected residuals of left and right feet cold injuries have been rated at 30 percent since April 9, 2007. The effective date for these ratings is being granted as April 9, 2007.

The Board denied a waiver of recovery of an overpayment of $3,000.00 for education benefits due to the appellant's misrepresentation and bad faith in applying for the advance payment.

The Board denied the veteran's request for treatment in the VA healthcare system without a copayment requirement for the specified period.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at the Flagler Hospital on November 23, 2010 was denied as he had other health care coverage (Medicare) and did not meet the criteria for payment or reimbursement under Section 1725.

The Veteran's daughter was not eligible for an extension of the delimiting date for DEA benefits beyond September 23, 2006 due to her reaching age 31 before applying.

The Board denied the Veteran's appeal, finding that her election for educational benefits under the Post-9/11 GI Bill program was irrevocable and cannot be rescinded.

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.