Other conditions Board decisions

The Board has determined that the veteran incurred a rectal disability during service and has been treated continuously since then, granting service connection for this condition.

The Board has determined that new and material evidence has been received to reopen the veteran's service connection claim for chest pain, to include as due to an undiagnosed illness. The case is remanded for further development including a VA examination.

The veteran's claim for an initial rating in excess of 10 percent for a bilateral foot fungal condition is being remanded due to the need for further examination and evaluation.

The Board denied a rating in excess of 30 percent for the veteran's bilateral pneumothorax, postoperative, right closed thoracotomy, left open thoracotomy due to pre-bronchodilatation results of FEV-1 71 percent predicted and FEV-1/FVC ratio of 70 percent.

The veteran's phthisis bulbi of the right eye is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the evidence.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred in January 2004 is being remanded due to the need to locate and associate his Medical Administration Folder with the claims file.

The Board found that the appellant's discharge from service was under other than honorable conditions due to willful and persistent misconduct. The Board also determined there is no evidence of insanity at the time of incidents or during his service, and concluded he is precluded from VA benefits by virtue of the character of the OTH discharge.

The Board denied the appellant's claim for an extension of her delimiting date for receipt of educational benefits under Chapter 35, Title 38, United States Code due to the expiration of the 10-year period following notification of a permanent and total disability evaluation.

The Board has determined that the veteran does not have a chronic ulcer disability and therefore, service connection for ulcers is denied.

The VA denied the veteran's claims for an increased evaluation for arthritis of the right hip and service connection for bilateral heel spurs. The VA found that arthritis did not meet criteria for a higher rating, and there was insufficient evidence to establish service connection for heel spurs.

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 dental trauma, as his recent submitted evidence does not provide credible corroboration of a claimed in-service injury.

The veteran's dysthymic disorder warrants a 50 percent rating effective December 29, 1987.

The Board found that the veteran's memory loss was not incurred in or aggravated by active military service, nor is it proximately due to a service-connected disorder.

The veteran's osteochondral injury, left foot with degenerative changes is granted as service connected due to an in-service injury.

The veteran died from metastatic carcinoma of unknown etiology, and the cause of death is being considered as potentially related to exposure to ionizing radiation during service. The claim will be remanded for further development regarding potential radiation exposure.

The Board has determined that the veteran's pulmonary disorder, including as due to asbestos or chemical exposure during service, is not related to his military service and therefore denied his claim for service connection.

The VA denied an increased rating for degenerative joint disease in the left ulnar joint with mild neuralgia, as the veteran's range of motion did not meet criteria warranting a higher evaluation.

The Board denied an initial evaluation in excess of 10 percent for residuals of a removal of an ossicle from the right patella tendon and denied an increased (compensable) evaluation for residual scar of an excision of an ossicle of the right patellar tendon.

The Board denied the veteran's claim for service connection for an acquired psychiatric disability, concluding that his personality disorder preexisted service and was not considered a disease or injury for VA compensation purposes.

The veteran's overpayment of non-service-connected pension benefits was waived due to the creation being substantially not his fault and not VA's, undue hardship if repayment were required, no unjust enrichment, no change in position showing additional harm, and equity and good conscience would best serve by waiving the debt.