Other conditions decisions — 2004

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Lourdes Hospital from July 18, 2000 to January 3, 2001 was dismissed due to his death before the appeal could be adjudicated.

The Board found that the veteran's dysthymic disorder did not meet the criteria for a disability rating in excess of 10 percent.

The Board has remanded the case for further development and consideration due to procedural issues.

The veteran's appeal is being remanded due to a deficiency in the Board's September 2002 decision regarding notification of the VCAA requirements.

The VA has determined that the veteran's residuals of a shell fragment wound of the left lower back area do not warrant a rating in excess of 40 percent.

The veteran's claims for service connection for skin disorders and multiple joint disabilities, as well as his eligibility for Dependents' Education Assistance (DEA) under Chapter 35 of the United States Code, were denied. The Board found no evidence to support these claims.

The Board has determined that the reduction in disability evaluation from 100% to 60% for pigmented villonodular synovitis of the left hip is improper due to a lack of proper examination and medical evidence supporting the reduction.

The Board has ordered the VA to obtain a postmortem examination report for the veteran's death, which is still not in the record. The claim will be remanded until this information is obtained.

The Board found that the cause of the veteran's death, squamous cell carcinoma of the neck, is not related to his active military service or exposure to Agent Orange. The cancer was not included in the list of diseases presumed to be associated with exposure to Agent Orange and it is not considered a soft-tissue sarcoma.

The Board denied the veteran's claim for service connection for chest pain, finding no evidence of a current disability and concluding that any chest pain is likely due to gastroesophageal reflux disease (GERD).

The VA determined that there is no evidence of a diagnosed PTSD and thus denied the veteran's claim for service connection.

The Board found that the veteran's current left leg cellulitis is not related to his military service and denied the claim for service connection.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) as there was no credible evidence to support his claimed in-service stressors and he did not engage in combat with the enemy.

The Board has determined that the appellant is not entitled to DIC under 38 U.S.C.A. § 1151, and this decision is being remanded for further action.

The Board has granted a 10 percent evaluation for the veteran's shell fragment wound scars on his face and jaw, effective from the date of the July 2002 rating decision.

The Board denied the veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits, determining that the veteran was at fault in creating the debt and that recovery would not defeat the purpose for which the benefits were intended.

The Board has restored the veteran's disability rating for psoriatic arthritis from 20% to 40%. The reduction in evaluation was not based on improvement, but rather due to a lack of clinical findings supporting the need for a higher rating.

The appellant's claims for accrued benefits as reimbursement of expenses paid in connection with her mother's last sickness were granted, and the precise amount of these benefits will be determined by the RO.

The Board has reopened the veteran's claim for service connection for Osgood-Schlatter's disease of the right knee and granted service connection for patellofemoral syndrome of the right knee. The veteran's current right knee disability is considered to have originated in service.

The Board has determined that the veteran's service connection claim for cold injury residuals of both feet is granted, as there was evidence showing a current disability related to an in-service injury.