Other conditions Board decisions

The Board denied the veteran's claim for a rating in excess of 30 percent for his gastrointestinal disability, finding that the evidence did not show severe impairment of health or frequent and prolonged episodes of severe colic, distension, nausea, or vomiting.

The veteran's claim for an increased rating for residuals of benign tumor removal in the left breast is denied as there is no evidence that the entire left breast and axillary lymph nodes were removed, which would warrant a higher rating.

The Board denied the veteran's claim of service connection for spondylolysis and spondylolisthesis, finding that clear and unmistakable evidence established that these conditions existed prior to his entry into active duty and were not aggravated by military service.

The Board found that the veteran's digestive disability, presumed to be a duodenal ulcer and dumping syndrome, is currently evaluated as 60 percent disabling. The claim for a schedular rating higher than 60 percent was denied.

The veteran's claim for an earlier effective date than January 31, 2005, for the payment of retroactive Dependents' Educational Assistance (DEA) benefits was denied because the appellant's application was received after one year from the effective date of TDIU.

The Board has determined that recovery of the overpayment of $777.00 would be against equity and good conscience due to the veteran's lack of fault in creating the overpayment, his minimal income, and the fact that repayment would impose an undue hardship.

The Board found that Grave's disease was not incurred in or aggravated by service and may not be presumed to have been so incurred.

The Board has determined that the current rating for seronegative arthritis is 40 percent, and it is remanded to determine if a higher or lower rating is warranted based on the severity of the disability.

The Board has determined that additional development is needed to ensure compliance with the requirements of the VCAA, including providing adequate notice as it pertains to the issue of an earlier effective date for a grant of nonservice-connected pension.

The veteran's income exceeds the maximum annual pension rate for a veteran with two dependents, resulting in denial of his claim for nonservice-connected disability pension.

The Board denied the appellant's claim for non-service connected pension benefits and her attempt to reopen a claim of entitlement to service connection for the cause of the veteran's death. The evidence submitted was not considered new and material.

The veteran's claim for a TDIU rating was originally denied in April 2003. The RO granted the TDIU rating effective May 15, 2002, but the veteran disagrees with this effective date and requests an earlier one. The Board has ordered further development to obtain SSA records and other relevant documents.

The Board has determined that the veteran's service-connected uterine fibroids and history of ovarian cysts, postoperative hysterectomy do not warrant an initial disability rating in excess of 30 percent.

The Board has denied the veteran's claims for service connection for hearing loss, tinnitus, artifact (nodule) of the right lung, benign skin lesions, and age-related maculopathy, bilateral cataracts, and pterygium. The remaining issues are pending.

The Board denied the veteran's claim for service connection for chronic lymphocytic leukemia, finding that there was no evidence of herbicide exposure and insufficient medical nexus to establish a link between his current condition and service.

The Board has denied service connection for arthritis of the hips and remanded the claim for hernia repair due to lack of evidence linking current conditions to service.

The Board denied an increased rating for the veteran's right knee disability, but granted a separate 10 percent evaluation for arthritis of the right knee.

The Board finds that there is no in-service injury or disease manifesting numbness in the legs, and thus service connection for this condition cannot be granted. The veteran's claim for compensation under 38 U.S.C.A. § 1151 due to VA medical treatment is also denied as the evidence does not support a finding that the delay in diagnosis caused additional disability.

The Board denied the veteran's claim for VA educational benefits as he did not have qualifying active duty service and was not a member of the Selected Reserve.

The Board has remanded the case due to deficiencies in notice and a need for a VA medical opinion regarding the cause of the veteran's death.