Other conditions decisions — 2000

The veteran is entitled to reimbursement for unauthorized private inpatient hospital care due to a medical emergency and the unavailability of VA facilities.

The veteran's appeal was dismissed as there is no justiciable case or controversy that the Board can resolve, and he did not seek a tangible benefit.

The Board denied the veteran's claim for service connection for a bulging disc, finding no evidence of such condition in service or post-service. The Board also found that any current bulging disc is not related to his service-connected chronic lumbosacral strain.

The veteran's recurrent ganglion cyst of the right foot has been rated at a 30 percent since June 1, 1992.

The Board denied the veteran's claims for service connection for numbness in the right foot and pain in the buttocks, as well as his claim for a compensable rating for coronary artery disease. The evidence did not support the presence of chronic disabilities associated with these conditions that were related to service.

The veteran's appeal was dismissed because he requested the appeal be withdrawn prior to a decision being made.

The veteran's service-connected pulmonary melioidosis of the left upper lobe is currently asymptomatic and does not warrant a compensable rating.

The veteran's indebtedness of $547.34 for retroactive copayment charges for VA medical care is waived due to the principles of equity and good conscience.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for a skin disorder of the feet. The case will now be reviewed de novo by the RO.

The Board has determined that the veteran's preexisting left foot condition, including a bunionectomy, worsened during her service and is therefore service-connected.

The Board found that the veteran did not act in bad faith when he failed to accurately report his earned income, and thus waived recovery of the overpayment.

The Board found that the veteran's death was not caused by a service-connected disability and denied both the cause of death claim and the eligibility for Dependent's Educational Assistance under 38 U.S.C. Chapter 35.

The Board has remanded the case to obtain a VA cardiovascular specialist's opinion on whether the veteran's service-connected anxiety disorder caused or aggravated his hypertensive cardiovascular disease, which led to his death.

The veteran's appeal was dismissed due to his death while the case was pending before the Court.

The Board denied the appellant's claim, finding that his discharge from service was under dishonorable conditions due to willful and persistent misconduct. The Board concluded that this discharge constitutes a bar to VA benefits (exclusive of health care under Chapter 17, Title 38, United States Code).

The Board has remanded the case for additional development of the record, including a comprehensive VA examination to determine the current severity of the veteran's service-connected disabilities and their effect on his ability to leave home and care for basic needs without assistance.

The veteran died without a will, and the appellant is not his spouse or child. The VA check was returned to the VA due to the death of the payee. As such, there is no legal basis for awarding accrued benefits to the appellant.

The Board has determined that the veteran's current disability manifested by tingling and numbness in the legs, to include meralgia paresthetica, is due to disease or injury incurred in service.

The veteran's service connection claim for bilateral defective hearing is granted as the Board finds that his current hearing loss disability originated during his period of active military service.

The preponderance of the medical evidence is against finding that a service-connected disability caused or contributed to the veteran's death from malignant mesothelioma.