Other conditions Board decisions

The Board found that the veteran's left hip disability was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred in service.

The Board has determined that additional medical development is needed to determine if the veteran currently has a left elbow disability and its relationship to his military service, including an injury in January 1976.

The veteran's claim for an initial rating in excess of 30 percent for aortic insufficiency with mitral valve prolapse is being remanded due to the need for additional VA examination and updated medical records.

The VA has granted the veteran a 30 percent disability rating for her service-connected pelvic adhesive disease, but found that this is not an extra-schedular case due to the availability of the highest schedular rating.

The Board has decided to remand the case for additional development, including obtaining Social Security Administration records and scheduling a VA examination. The veteran's claim for an evaluation in excess of 10 percent for his service-connected duodenal ulcer remains on appeal.

The Board found that the cause of death was not service-connected, and thus denied service connection for the cause of death. The DIC claim under 38 U.S.C.A. § 1318 was also denied as there is no evidence to support a finding that the veteran's death was due to his service-connected conditions or any other condition attributable to service.

The veteran's appeal for service connection for syringomyelia is being remanded due to the need for a Travel Board hearing.

The Board denied the veteran's claims for service connection for a right inguinal hernia and for higher ratings for hypertension and bronchial asthma. The Board found that there was no evidence of current disability related to the right inguinal hernia, and that the veteran did not have residuals from his 1972 hernia repair. For hypertension, the Board noted that the veteran currently takes medication but does not meet criteria for a higher rating prior to April 21, 2005, or after that date.

The Board denied the appellant's request to reopen her claim for revocation of forfeiture of VA benefits due to lack of new and material evidence.

The veteran's cause of death, gram negative sepsis and acute myelogenous leukemia, were not found to be service-connected or related to a service-connected disability.

The veteran's compensation benefits were reduced due to his felony conviction and incarceration, effective November 28, 2003.

The Board denied the veteran's request for a waiver of overpayment, finding that it would not be against equity and good conscience to collect the $3,087 overpayment. The decision noted that the veteran had limited fault in creating the debt but also found no fraud or bad faith on her part.

The Board has granted an initial disability rating of 20 percent for each foot, effective from the date of claim.

The veteran's service-connected knee disabilities are not shown to warrant a rating in excess of the currently assigned 10 percent evaluations.

The VA denied a higher rating for the veteran's service-connected panic disorder, as his symptoms do not meet or approximate the criteria for a higher rating.

The veteran's appeal has been dismissed because the appellant died during the pendency of the appeal.

The Board found that the veteran's acromioclavicular separation of the left shoulder did not warrant a higher disability rating as his functional movement was better than 25 degrees from the side, and thus did not meet the criteria for a 30 percent or higher evaluation under DC 5201.

The Board found that the veteran's cardiovascular disability was not incurred in or aggravated by active service, may not be presumed to have been so incurred or aggravated, and is not proximately due to, or aggravated by, service-connected diabetes mellitus.

The Board has remanded the case for further development, including obtaining medical records and arranging for an examination by an orthopedic specialist to determine if any left leg disability clearly and unmistakably existed prior to service and increased in severity during service.

The Board denied the veteran's claims for service connection for a right thumb disability and a skin disability, both secondary to exposure to Agent Orange. The claim for an initial evaluation in excess of 20 percent for left hip disability was also denied.