Other conditions Board decisions

The Board found that the Veteran's service-connected right inguinal herniorrhaphy does not meet or nearly approximate the criteria for a compensable disability rating, as there is no evidence of recurrent post-operative hernia. The current noncompensable rating adequately reflects his symptoms.

The Veteran's appeal is being remanded for additional development, including obtaining his VA outpatient treatment records and Vocational Rehabilitation and Education file. The claim of entitlement to TDIU will be reconsidered based on the new evidence.

The Board found that the Veteran's additional disability was not caused by VA care, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board has granted service connection for the appellant's hallux valgus of both feet and assigned specific disability ratings based on the severity of her symptoms. The initial grant of service connection resulted in a 10 percent rating, which was increased to 30 percent from January 1, 2009, to March 27, 2009, and again to 30 percent from July 1, 2009, to the present. The appellant's left toe disability received a 20 percent rating effective September 29, 2009.

The Appellant's claim for reinstatement of DIC benefits was denied as she submitted her claim after the deadline set by law.

The Veteran's claim for an increased rating for psoriatic arthritis is being remanded due to the need for additional VA examinations and treatment records.

The Board has determined that the Veteran's pelvic mass and left ovary removal are related to her military service, granting her claims for service connection.

The Board denied service connection for gastrointestinal, right foot, and left foot conditions as there is no current evidence of a chronic disability in any of these areas.

The Board has determined that the Veteran is not eligible for VA educational assistance benefits under the Montgomery GI Bill-Selected Reserve (Chapter 1607) program due to his transfer from the Selected Reserve, and therefore denied the claim.

The Board has determined that additional development is needed to obtain VA medical records, Social Security Administration (SSA) disability benefits records, and vocational rehabilitation folder. The Veteran's claims for service connection and increased ratings are being remanded.

The Board has determined that the Veteran does not have a current disability involving the left lower extremity, including residuals of a left femur fracture, that is related to his active service.

The Board has remanded the case for further development and readjudication, including providing proper notice to the appellant regarding his eligibility for earlier effective date of Dependents' Educational Assistance (DEA) benefits.

The Board has determined that additional development is needed to determine the nature and etiology of any left foot stress fracture or bilateral shin splints, as well as whether a psychiatric disorder existed prior to service. The Veteran's claims are being remanded for these purposes.

The Veteran's service-connected diverticulitis has been rated at 30 percent since April 18, 2008. The Board finds that the disability does not warrant a higher rating.

The Veteran's claim for an increased schedular disability rating in excess of 30 percent for bilateral intradermal cysts of the labia majora (vaginal cysts) was denied. The Veteran also requested a higher extra-schedular rating, but this issue is pending further review by the Chief Benefits Director.

The Veteran's service-connected reactive airway disease has been manifested by pulmonary function test results of FEV-1 not worse than 86.2 percent of predicted value, and FEV-1/FVC not worse than 77 percent of predicted value; use of daily inhalational or oral bronchodilator therapy; without evidence of at least monthly visits to a physician for required care of exacerbations, or intermittent (at least three per year) courses of systemic (oral or parenteral) corticosteroids. The criteria for an initial disability rating in excess of 30 percent have not been met.

The Veteran is entitled to SMC at the 'r-1' rate due to his need for aid and attendance, but not housebound. The overpayment claim was denied as it would not be contrary to equity and good conscience.

The Board has determined that there is no new and material evidence to reopen the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for the residuals of a rib resection, including long thoracic nerve palsy, right arm and back pain, and winged scapula.

The Veteran does not meet the legal requirements for establishing basic eligibility for VA nonservice-connected pension benefits due to his service not occurring during a period of war.

The appellant is not recognized as the surviving spouse of the Veteran for VA death pension benefits purposes due to her remarriage after January 1, 1971.