Other conditions Board decisions

The Veteran's service-connected dysfunctions of the sphincter of Oddi and fatty liver disease are granted. The initial rating for bilateral hearing loss is denied, but a noncompensable rating remains in effect.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's treatment at St. Charles Hospital for viral gastroenteritis was not authorized in advance by VA, and the Board finds that there was no medical emergency necessitating immediate private care. Additionally, VA facilities were feasibly available to provide the necessary care.

The Board found that new and material evidence had not been received to reopen the claim for service connection for the cause of the Veteran's death, resulting in a denial.

The Veteran's death was not caused by his own willful misconduct, but the service-connected conditions did not meet the criteria for DIC under 38 U.S.C. § 1318.

The Veteran's appeal is remanded due to the need for a Travel Board hearing. The effective date of the TDIU remains pending.

The Veteran's mood disorder has been productive of occupational and social impairment in most areas due to symptoms such as neglect of personal appearance, difficulty adapting to stressful circumstances, and an inability to establish effective relationships. The Board found that a rating in excess of 40 percent is not warranted.

The Veteran's post-operative residuals of a stab wound and mid-rectus surgical incision of the abdomen do not meet the criteria for a higher disability rating under any applicable diagnostic codes, as his symptoms are inconsistent with those described in the rating schedule. His disability does not cause partial obstruction manifested by delayed motility of barium meal or require the use of a support belt.

The Veteran's appeal is being remanded for further proceedings due to the inadequacy of a previous VA examination and the need to obtain additional medical records.

The Board found that the Veteran does not have a current disability of bilateral shin splints and that there is no evidence of an in-service injury or disease related to this condition. The VA examiner's opinion was more probative than the private clinician's opinion, as it considered all relevant medical records and provided a rationale based on the evidence of record.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding VA treatment records and clarifying the Veteran's reports of cortisone shots in his right foot.

The Board has determined that the Veteran's bilateral hip arthralgia is related to his service-connected left total knee replacement, and thus service connection for this condition is granted.

The Board has determined that the Veteran's umbilical hernia is etiologically related to active service and grants his claim for service connection.

The Board found that the Veteran's failure to report his younger daughter's election of Chapter 35 benefits contributed to the overpayment, and thus waived recovery would not be against equity and good conscience. The decision concluded that denial of waiver was warranted due to the Veteran's fault in creating the debt.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing and issuance of a Statement of the Case in relation to his claim for a compensable evaluation for right hip tendonitis.

The Board denied service connection for a bilateral leg condition secondary to the Veteran's service-connected lumbar spine disability. The deviated nasal septum was granted an initial noncompensable rating.

The Board has determined that the appellant is not eligible for MGIB-SR education benefits due to her lack of a six-year commitment with the Selected Reserve, despite having participated in various periods of active duty and receiving previous benefits.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a dental disorder, allowing for further consideration.

The Board denied the appellant's claim for legal entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized active military service.

The Veteran is seeking service connection for a left leg disorder resulting from surgery performed by the VA in February 2006. The case has been remanded to obtain additional medical records and conduct an examination.