Other conditions decisions — 2005

The veteran's emergency medical treatment at St. Luke's Regional Medical Center was approved under the Millennium Bill Act, as it met all criteria for reimbursement.

The Board denied service connection for residuals of trauma to the glans penis, finding that there was no competent evidence linking the condition to an in-service event.

The Board has remanded the case for further adjudication on the merits of the veteran's claim for service connection for gastrointestinal disability other than duodenal ulcer.

The Board denied the veteran's claims for higher ratings for his right hand disability, finding that the evidence did not meet the criteria for a rating in excess of 10 percent prior to January 31, 2004, and did not meet the criteria for a rating in excess of 30 percent effective January 31, 2004.

The Board denied the veteran's claims for service connection for bilateral macular degeneration of the eyes and entitlement to non-service connected pension benefits, finding that his condition was not incurred in or aggravated by active military service.

The veteran's residuals of a chip fracture of the right index finger are manifested by moderate functional limitation of motion with repeated use due to pain, which approximates favorable ankylosis. The RO has assigned an initial 10 percent disability rating for this condition.

The Board has remanded the case due to conflicting medical opinions regarding whether the veteran's service-connected duodenal ulcer and partial gastrectomy contributed substantially to his death. The appellant needs to provide additional evidence, including a terminal hospitalization summary for the veteran's last hospital stay.

The Board has determined that the veteran's profuse sweating is a chronic disability resulting from an undiagnosed illness, and service connection for this condition is granted.

The veteran's appeals for service connection on the issues of skin disorder, lung disorder, stomach disorder, hearing loss, and back injury have been dismissed without prejudice due to his withdrawal of these claims.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied because he failed to report for scheduled VA examinations without good cause.

The veteran had a 100% disability rating for bilateral deafness and residuals of tonsillectomy. The claim is denied as the appellant cannot establish hypothetical entitlement to a total disability rating for at least 10 years prior to death.

The Board has remanded the veteran's claims for further action consistent with the Veterans Claims Assistance Act of 2000 (VCAA). The appellant was previously denied service connection for cause of death and entitlement to DEA benefits. Her appeal is now pending again due to a hearing scheduling issue.

The VA has denied an increased rating for the service-connected pulmonary disability, currently evaluated as 30 percent disabling.

The Board denied the veteran's claims for increased ratings for degenerative joint disease of his right hand, left hand, right foot, and left foot. The RO found that there was no evidence of limitation of motion or other disabling conditions in these joints.

The VA denied the veteran's claim for an increased rating for his service-connected right eye blindness, currently rated at 30 percent.

The Board has determined that the veteran's service-connected residuals of injury to the right forearm, including chronic osteomyelitis of the radius, contributed substantially or materially to his death. Therefore, service connection for the cause of the veteran's death is granted.

The appeal has been dismissed as the appellant requested withdrawal of their appeal prior to a decision being made.

The veteran was granted service connection for chondromalacia of the right patella, but the effective date remains December 22, 1999.

The Board denied the appellant's request for waiver of recovery of overpaid VA improved death pension benefits, finding that her acceptance of the benefits despite knowing she was in receipt of income from bank accounts and stock investments resulted in an overpayment. The Board concluded that portions of the debt were not solely attributable to VA error.

The veteran's claims for service connection for emphysema with shortness of breath and fatigue due to exposure to ionizing radiation were denied as there is no evidence of these conditions in his records, and the Board found that he does not currently have these conditions.