Other conditions Board decisions

The Veteran's claim for service connection for a dental disorder was denied as the evidence did not show any in-service trauma or disability that would qualify for compensation purposes.

The Board found that the Veteran's subjective complaints of burning and tingling sensations in his feet are likely symptoms of his service-connected pes planus with plantar fasciitis, and thus have been attributed to a known clinical diagnosis. The evidence does not show any separate neurologic disorder involving his feet that had an onset during his period of service or is otherwise related to his service.

The Board has remanded the case for a hearing at a local VA office due to the Veteran's request.

The Veteran's claim for a waiver of overpayment is being remanded due to missing evidence. The issue of whether his pension benefits should be reinstated, now that he has submitted income verification reports, will also be addressed on remand.

The Veteran's appeal for basic eligibility for VA pension benefits was denied as he did not meet the requirements for active military service during a period of war.

The Veteran's service-connected residuals of a compression fracture of C5 with degenerative changes have not met the criteria for a compensable evaluation prior to September 23, 2005, and an evaluation in excess of 10 percent since that date.

The Board found that the Veteran's service-connected right and left knee disabilities have been manifested by pain without compensable loss of range of motion, no objective evidence of ankylosis, lateral instability or recurrent subluxation. As a result, the criteria for a disability rating in excess of 10 percent for both knees were not met.

The Veteran's appeal for a higher rating for his service-connected residuals of fragment wounds to the left forearm has been granted, with a disability rating of 40 percent effective as of the date of decision. The Veteran is no longer seeking an increased rating for carpal tunnel syndrome of the left wrist.

The Board found that the amount of VA compensation benefits withheld for the purpose of recouping military drill pay for the period from 1995 through 1998 was correct, and denied the Veteran's appeal.

The Board found that the appellant's discharge from service was under other than honorable conditions due to an AWOL period of 227 days. The appeal is denied as there is no evidence showing the appellant was insane at the time of his offense.

The Board denied the Veteran's claim for an earlier effective date for her spouse J.P.D., finding that she did not provide timely notice of her divorce and remarriage, which resulted in overpayment. The Veteran argued that there was only a two-week gap between her marriage to S.L.H. and her marriage to J.P.D., but the Board found no evidence of such notification.

The Veteran's claim for an initial disability evaluation in excess of 10 percent for status post fracture of the proximal interphalangeal joint of the left index finger has been denied as there is no evidence of ankylosis, arthritis, or other functional impairment that would warrant a higher rating.

The Board finds that the Veteran does not have a dental disorder for which compensation can be authorized.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his left upper extremity disability and whether he is unemployable due to service-connected disabilities. The case will be referred to the Director, Compensation and Pension Service, for extraschedular consideration.

The Board has remanded the case for additional development, including obtaining chest X-rays and pulmonary function test results. The Veteran's lung disability is being evaluated to determine if it is related to exposure to asbestos during service.

The Veteran's left knee disability, characterized by post-traumatic degenerative joint disease with frequent episodes of locking, pain and effusion, was found to warrant a 20 percent rating effective from the date of the initial claim.

The Board has reopened the Veteran's claim for service connection for residuals of a left foot crush injury, but the issue remains on remand to determine if there is new and material evidence to reopen it. The Veteran's current left foot disability may be related to his active service, but further examination is needed to clarify this.

The Board has determined that a remand is necessary to obtain an addendum medical opinion regarding the Veteran's left leg shin splints and whether it is related to service. The Veteran will be given another opportunity to provide any additional evidence needed for his claim.

The Veteran's symptoms of Crohn's disease have most nearly approximated severe impairment with numerous attacks per year and malnutrition, warranting a 60 percent rating. The claim for TDIU is also granted.

The Board has determined that macular degeneration is proximately due to or the result of service-connected atrial fibrillation and hypertension, and thus grants the Veteran's claim for service connection.