Other conditions decisions — 2002

The veteran died from cardiac failure with a cerebrovascular accident as an antecedent cause. The Board found no evidence linking these conditions to his military service and denied the claim for service connection.

The Board has determined that the veteran is not competent for VA purposes due to his service-connected brain trauma residuals, and thus denied the appeal.

The Board has remanded the case for further development to determine if the veteran's chronic lymphocytic leukemia is related to exposure to ionizing and/or non-ionizing radiation, including possible participation in Operation UPSHOT-KNOTHOLE and/or Operation CASTLE.

The Board denied the veteran's claim for reimbursement of unauthorized private dental services provided in December 1999, as it was not rendered in a medical emergency and VA did not authorize such payment.

The Board of Veterans' Appeals found that the veteran was not a prisoner of war for 30 days or more during his service, and therefore is not entitled to the presumptive provisions of Public Laws 97-37 and 100-322 based on such status.

The Board found that the appellant's deceased spouse had no valid military service in the Armed Forces of the United States, and therefore, she is not eligible for VA benefits.

The Board has remanded the case to the RO for additional development due to representation issues.

The Board denied the veteran's claim for service connection for an eye disorder in May 1994. The RO reopened the claim based on new evidence submitted by the veteran, but still denied it as there was no new and material evidence to support a grant of service connection.

The Board has granted a 10% rating for the veteran's left varicocele, finding that it is tender to palpation and does not result in frequent hospitalizations or marked interference with employment.

The Board denied the veteran's request for a waiver of repayment of an overpayment of nonservice-connected pension benefits in the amount of $1,400. The decision found that the veteran was at fault in creating the overpayment due to his failure to notify VA of increased income and continued acceptance of payments based on inaccurate figures.

The Board has remanded the case for further development, including obtaining stressor verification and reviewing service personnel records.

The veteran's appeal was denied for service connection of his left leg disability, including residuals of a fractured tibia and fibula, and osteomyelitis. The case is being remanded to schedule the veteran for a Board hearing via videoconference.

The Board has determined that the appellant does not qualify as a veteran for VA benefits due to lack of service in the United States Armed Forces, and thus denied his claim.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred in May, July, August, September, and October 1998 was denied by the VA Medical Center (MC) in San Antonio, Texas. The denial is based on the fact that prior authorization for these services was not obtained.

The Board denied the veteran's claim for VA payment or reimbursement of unauthorized private hospitalization costs, finding that none of the criteria under 38 U.S.C.A. § 1728 and 38 C.F.R. § 17.120 were met.

The Board has determined that the veteran's claimed sinus disorder and restless leg syndrome were not incurred or aggravated during his military service, and thus denied both claims.

The VA denied the veteran's claim for payment or reimbursement of unauthorized ambulance transportation costs due to the absence of a medical emergency.

The Board denied the veteran's claims for service connection for residuals of an eye injury and for increased ratings for his chin scar, hemorrhoids, and lumbosacral strain. The veteran was also denied a total disability rating due to individual unemployability.

The VA denied an increased rating for the veteran's post-concussion syndrome, currently rated at 30 percent. The claim was based on service-connected post-concussion syndrome and did not involve any presumption or secondary service connection.

The VA denied the veteran's claims for increased ratings for his right and left upper extremity repetitive motion disorders, finding that there was no objective evidence of disability on frequent and repeated electromyographs, nerve conduction studies, x-rays, carpal tunnel syndrome tests, and serology testing.