Other conditions decisions — 2003

The veteran's request for payment or reimbursement of unauthorized private medical expenses incurred during hospitalization is being remanded due to scheduling issues.

The Board has granted service connection for the veteran's right tibia disability and an initial evaluation in excess of 10 percent for his left tibia disability.

The Board has determined that the reduction of the veteran's VA disability compensation benefits to a 10 percent level due to his incarceration from December 21, 1994 to December 19, 1995 was proper.

The Board finds that the appellant's claim for an earlier effective date is granted, as it was factually ascertainable within one year of his December 1987 claim that he had a psychotic disorder.

The Board denied the veteran's request for a waiver of an overpayment of $9,519.00 due to his failure to file a timely request.

The Board has remanded the case for further development, including obtaining a reconstructed dose estimate of the veteran's exposure to radiation during service and obtaining appropriate opinions on whether this exposure is related to his fatal leukemia.

The Board found that the appellant's income exceeded the maximum limit for receiving VA improved death pension benefits, and thus denied her claim.

The Board found that there is no evidence to support the veteran's claim of service connection for numbness and tingling in his left hand and bilateral thighs, as these symptoms are not causally related to his military service or any service-connected disability.

The Board denied the veteran's claims for increased evaluations for residuals of adenocarcinoma of the prostate and impotence, finding that the evidence did not meet the criteria for higher ratings.

The VA denied an increased evaluation for the veteran's post-operative incision of the ileocecal vesical fistula, due to amebic dysentery, currently rated at 10 percent.

The Board has determined that the veteran's back injury during active service caused his current lumbar spine degenerative joint disease with discogenic disease, and thus granted service connection for this condition.

The Board has dismissed the appeal due to the veteran's death, as veterans' claims do not survive their deaths. The appellant had no standing to continue the claim after the veteran died.

The Board denied the veteran's claim for service connection for residuals of cold injury to the hands, finding no current medical evidence of such residuals.

The Board has granted a higher rating of 20 percent for the veteran's service-connected residuals of right foot injury, effective from June 1, 2003.

The Board found that the cause of death (intracerebral hemorrhage) was not related to service or any compensable condition, thus denying the claim for service connection.

The veteran's claims for increased ratings and TDIU are being remanded due to the need to consider both old and new rating criteria, as well as obtain updated medical examinations.

The Board has determined that the VCAA applies to this case and a remand is needed for compliance with its notice and duty to assist provisions. The veteran's claim of entitlement to service connection for porphyria cutanea tarda, to include as a residual of exposure to Agent Orange, remains pending.

The Board has determined that the appellant's dementia due to head trauma warrants a 50 percent rating, based on cognitive impairments including memory and concentration problems.

The Board granted the veteran's claim for service connection for stress fracture of his left leg and assigned a 10 percent evaluation, effective February 21, 1994.

The Board has determined that additional development is needed to determine the etiology of the veteran's Bell's palsy and whether it was aggravated by service.