Other conditions Board decisions

The Board found that the August 1993 RO rating decision was not clearly and unmistakably erroneous in not granting a rating in excess of 20 percent for a left pneumothorax. The Veteran's claim for CUE in subsequent ratings is addressed, but the specific details are not provided.

The Board denied the Veteran's request for waiver of recovery of an overpayment of pension benefits in the amount of $16,310.00 because it was not received within 180 days after notification.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for residuals of a stroke, as the evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran withdrew his appeal for a rating in excess of 10 percent for duodenal ulcer.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a left foot disorder. After reviewing all available evidence, including private medical opinions and VA examination reports, the Board finds that there is at least equipoise of probative value regarding whether the Veteran's current left foot disorder is related to his military service. Therefore, the claim is granted.

The Board found no evidence linking the Veteran's Systemic Lupus Erythematosus (SLE) and Raynaud's syndrome to her service, including any presumptive conditions. The claims were denied as there was insufficient competent medical evidence to support a decision on the merits.

The Veteran's narcolepsy with cataplexy is productive of daytime sleep episodes occurring more than ten times per week, as well as occasional episodes of cataplexy manifested as weakness in the legs. The Board has determined that a rating of 80 percent for this condition is warranted.

The Board denied the appellant's claims for initial and compensable disability ratings for his service-connected conditions, including arthritis of fingers of right hand with tumor-type spur enlargement of bone of distal proximal phalanx of right thumb and status post arthroplasty of right fifth toe.

The personal expenses of the appellant prior to her husband's death cannot be used to reduce her countable income for purposes of her claim of entitlement to Department of Veterans Affairs improved death pension benefits.

The Board has determined that a new VA examination is necessary to address the Veteran's thoracic spine disorder, including whether it is related to his military service or any service-connected disabilities. The case will be returned for further review after obtaining the requested medical opinion.

The Board has decided to remand the case for further development, including obtaining service treatment records and SSA disability benefits determination records. The appellant's mental state during military service will also be evaluated by a VA psychiatrist.

The Board denied the Veteran's claims for increased ratings for his left thumb and wrist disabilities, finding that they did not meet the criteria for a rating in excess of 10 percent.

The Board denied the Veteran's claim for restoration of non-service-connected pension benefits due to a legal error in reducing his benefits during his incarceration.

The Veteran's request for a hearing before the Board has been rescheduled due to his inability to attend the previously scheduled hearing. The case is being remanded back to the RO for further action.

The Board denied apportionment on behalf of the Veteran's daughters, S.T. and A.T., during his period of incarceration due to L.T.'s household income exceeding her expenses by $967.65 per month.

The Veteran's claim for an earlier effective date for adding his spouse and child to compensation award was denied. The eligibility requirement for adding a dependent child, [redacted], to the award was also denied.

The Board found that the Veteran's current left eye impairment, including his double vision and visual field loss, is not related to his service-connected choroiditis. The noncompensable evaluation for left eye choroiditis remains unchanged.

The Board denied service connection for the cause of the Veteran's death in May 2004 due to lack of evidence linking his death to military service. The appellant has submitted new and material evidence, but it is redundant and does not relate to an unestablished fact necessary to substantiate the claim.

The Board has granted an effective date of February 6, 2007 for the grant of service connection for right meralgia paresthetica. The Veteran's claim for a higher rating for his service-connected right knee disability remains pending.

The Veteran's claim for an increased rating for Crohn's disease was denied, and his service connection claim for scars on the left ankle and foot was also denied. The Board found that there were no scars on the left ankle and foot incurred in or aggravated by active duty.