Other conditions decisions — 2003

The Board of Veterans' Appeals found that the appellant's character of discharge was under conditions other than honorable, which bars him from VA benefits including eligibility for health care.

The Board has determined that the veteran was exposed to ionizing radiation during service and his myeloproliferative disorder is etiologically related to this exposure. The claim for increased rating for PTSD is also granted.

The Board has determined that the veteran's postoperative residuals of left foot disorder, including fusions and hammertoe, warrant a 30 percent evaluation.

The Board has determined that the veteran's gallbladder disability was proximately due to or caused by his service-connected peritoneal adhesions, and thus granted service connection for this condition. The claim for postoperative left neck metastatic carcinoma remains pending as no decision on this issue is provided.

The Board denied the veteran's claims for service connection for skin rash of the palm, recurring fever and chills, muscle pain in trunk including chest pain, thighs, and right hip, and a sleeping disorder. The appeals were based on an undiagnosed illness during military service.

The Board has remanded the case to the RO for compliance with the VCAA and consideration of all additional evidence received since the most recent supplemental statement of the case.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she and the veteran were divorced at the time of the veteran's death.

The case is being remanded for additional development to ensure all VCAA notice obligations are satisfied and the appellant's claim is properly adjudicated.

The Board denied the veteran's request for waiver of an overpayment of improved nonservice-connected disability pension benefits, finding that he did not act in bad faith.

The veteran's appeal was denied for increased ratings of his service-connected foot disabilities, including metatarsalgia, calluses on both feet, and hammertoe with bunions. The RO also did not address the issue of TDIU.

The Board denied the claims for service connection for the cause of death, entitlement to accrued benefits, and basic eligibility for non-service connected pension benefits due to lack of evidence linking the veteran's death to his military service.

The Board has determined that the appellant is not eligible for VA death benefits as he is an adult and does not meet the criteria to receive benefits as a 'child' of the deceased veteran.

The Board denied the veteran's claim for service connection for a disability of the lower back, including herniated discs. The denial was based on the lack of evidence linking his current back condition to in-service back pain reported in 1975.

The Board denied an increased rating for the veteran's service-connected duodenal ulcer, maintaining a 10% evaluation.

The veteran's claims for increased ratings for right and left Achilles tendonitis are being remanded due to the need for additional development.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred on August 11, 2001 was denied as he did not meet the criteria for reimbursement under VA regulations.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Richland Memorial Hospital from February 14 to February 20, 1997. The decision found that the treatment was not related to a service-connected disability and that the veteran did not have any pending claims of service connection.

The veteran's claim for service connection for a dysthymic disorder is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The Board has granted the veteran's claim for an earlier effective date for the award of total rating based upon individual unemployability due to service-connected disability (TDIU) from January 9, 1985.

The Board denied service connection for brain infarcts and a skin condition manifested by acute rash with blisters, finding that the veteran's conditions were not incurred or aggravated during his military service.