Other conditions Board decisions

The veteran is appealing the creation of an overpayment of compensation benefits in the amount of $2,760.00 and whether it was properly created due to his divorce and remarriage.

The Board has remanded the case for scheduling a personal hearing via videoconference at the Jackson, Mississippi Regional Office.

The Board has determined that the veteran's left shoulder disability warrants a 30 percent rating, which is higher than the current 20 percent rating. The disability picture most nearly approximates ability to lift the arm midway between side and shoulder level.

The veteran's acute promyelocytic leukemia is not related to his period of service, including exposure to herbicide agents. The Board found that the disease does not meet the criteria for presumptive service connection due to Agent Orange exposure.

The Board has determined that an earlier effective date for a 40% rating for duodenal ulcer is not warranted, as the evidence does not show it was factually ascertainable that the veteran met or nearly approximated the criteria for such a rating prior to September 20, 2004.

The RO denied service connection for a skin disorder, including pityriasis rosea, due to the condition resolving in January 2004 and lack of evidence at an August 2004 VA examination. The veteran's claim is being remanded for further development.

The Board has granted service connection for myelofibrosis as a result of exposure to herbicides. The issue of service connection for atrial fibrillation remains pending and will be addressed in the future.

The Board denied the veteran's claims for an initial rating in excess of 10 percent for perforated duodenal ulcer and service connection for a skin disability. The veteran's perforated duodenal ulcer was found to be asymptomatic, while his skin condition remains unconfirmed.

The Board has determined that the veteran's current essential tremors are not related to his military service, and thus denied his claim for service connection.

The veteran's claim for educational assistance benefits under the Vietnam-Era GI Bill after December 31, 1989 is denied as there is no legal authority to provide such benefits.

The Board dismissed the appeal because the appellant did not file a timely notice of disagreement regarding the June 2004 denial for disability pension benefits.

The Board found that a chronic disorder of the left hip was not present during service, arthritis of the left hip was not manifest within a year after service, and a current disorder of the left hip did not result from any incident during service. Therefore, the claim for service connection for a disorder of the left hip was denied.

The veteran's request for a waiver of overpayment of VA pension benefits was granted due to the creation of the debt being attributed to the VA, and the resulting financial hardship on the veteran.

The Board has remanded the case due to incomplete service medical records and the need for a VA examination to determine if the veteran's skin disorder is related to his military service, including exposure to Agent Orange.

The veteran's claim for reimbursement of unauthorized medical expenses is being remanded due to the VAMC in Oklahoma City, Oklahoma not having records of a phone call made on October 9, 2003. The case will be readjudicated under 38 U.S.C.A. § 1728.

The Board has remanded the case for further development, including obtaining VA treatment records and a medical opinion regarding the relationship between the veteran's service-connected conditions and his current groin strain.

The Board found no evidence to support the veteran's claim that his multi-joint arthritis developed during service or is otherwise related to service. The claim was denied.

The Board has determined that the veteran's deviated nasal septum and sinus disorder are service-connected, with the benefit of doubt favoring the veteran.

The veteran's claim for an increased evaluation for his service-connected myositis of the right paravertebral, trapezius, and rhomboid muscles was granted. The current rating is 10 percent.

The veteran's service-connected varicose veins have not met the criteria for a higher disability rating at any time during the appeal period.