Other conditions decisions — 2005

The veteran's cause of death was due to malignant mesothelioma caused by asbestos exposure during military service. The Board granted service connection for the cause of death and eligibility for Dependents' Educational Assistance.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA pension benefits in the amount of $1,235 due to unjust enrichment and lack of financial hardship. The decision found that neither party was significantly at fault in creating the overpayment.

The case is being remanded for additional development due to failure to comply with the VCAA.

The Board has determined that the veteran's HNP of L5-S1 is not service-connected, as it was not incurred during active duty and there is no clear and unmistakable evidence to rebut the presumption of soundness.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for ankylosing spondylitis. However, the preponderance of the evidence is against a finding that the veteran's ankylosing spondylitis is causally related to his active service.

The Board has denied the claims for service connection for bruxism and extraction of teeth numbered 7 and 9 as there is no evidence to support these conditions during or after active service.

The veteran is seeking service connection for hammer toe, but the claim has not been adjudicated on the merits due to procedural issues and a need for additional evidence. The case is being remanded for further development.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on June 29, 2003 was denied as the criteria for reimbursement under the Veterans Millennium Health Care and Benefits Act were not met.

The veteran's claim for an increased evaluation of his service-connected gunshot wound to the left thigh is being remanded due to procedural issues. The RO must ensure full compliance with VCAA requirements and provide a supplemental statement of the case (SSOC) addressing the issue retroactively from 1987.

The veteran's claim for continued vocational rehabilitation services under Chapter 38, Title 31, United States Code is being remanded due to the need for further development and compliance with the provisions of the VCAA.

The Board found that the veteran's Hodgkin's disease existed prior to her entrance into service and was not aggravated by service. The claim for secondary service connection for a right knee disorder is addressed in the REMAND portion.

The Board has granted service connection for osteomyelitis of the left hip as of July 1, 1952 due to clear and unmistakable error in the July 1953 rating decision. The effective date is set at July 1, 1952.

The Board has determined that the veteran had testamentary capacity to change his beneficiary designation from the appellant to the appellee, and thus the appellee is entitled to the proceeds of the NSLI policy.

The Board denied the veteran's appeal for service connection of a left hip disorder and an effective date earlier than May 5, 2004, for a compensable evaluation for traumatic arthritis, left foot. The claim for pyelitis was not addressed as it did not manifest any active symptomatology.

The Board found that the veteran's POEMS syndrome with multiple myeloma did not have its onset during active service and was not related to in-service ionizing radiation exposure or asbestos exposure. The claim for service connection was denied.

The Board denied the veteran's claim for an increased rating for HIV infection, finding that his symptoms did not warrant a higher evaluation.

The VA has determined that the veteran's duodenal ulcer, which is currently rated at 40 percent disabling, does not warrant a higher rating as there are no symptoms such as pain only partially relieved by standard therapy or recurrent vomiting and hematemesis.

The Board finds no current residuals of Lyme disease and therefore denies the claim for service connection for Lyme disease as secondary to service-connected PTSD.

The Board found that the veteran no longer suffers from alopecia areata and has not had it for over ten years. Therefore, service connection is denied as there is no current disability.

The Board denied the veteran's claim of service connection for a liver disorder due to Agent Orange exposure, finding that there is no recognized disease associated with such exposure and no competent evidence linking his current condition to his military service.