Other conditions decisions — 2005

The veteran's appeal for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $2,375.58 has been withdrawn and dismissed.

The VA has determined that the veteran's left thumb injury, which resulted in ankylosis of the metacarpophalangeal joint but not the interphalangeal joint, warrants a 20 percent disability rating. The appeal is denied as there is no evidence to warrant a higher rating.

The Board denied the appellant's request to reopen her claim for recognition as the veteran's surviving spouse, finding that no new and material evidence had been submitted since the previous denial in August 1989.

The VA denied the appellant's claim for basic eligibility for VA death benefits because her deceased husband did not have the required military service to qualify.

The Board has determined that a VA examination is necessary to determine whether the veteran's preexisting right hip condition (deformity secondary to osteomyelitis) underwent a permanent increase in severity during service or if the complaints documented during service represent no more than an exacerbation of symptoms.

The veteran's appeal concerning the increased evaluation for his service-connected lower back disability and a claim for total disability rating based on individual unemployability due to service-connected disabilities has been dismissed. The Board finds that the August 1998 statement of the case was not sent to the veteran, and thus he did not receive it. Further examination is needed to determine the veteran's employability given his current medical conditions.

The veteran's unauthorized medical expenses incurred in February 2002 were not reimbursable as the treatment was not for a service-connected disability and VA did not provide prior authorization.

The Board has determined that the veteran is providing for his dependents, and therefore no apportionment of disability compensation benefits to the appellant can be made.

The Board has remanded the case due to incomplete medical records and the need for further notification regarding terminal hospital records.

The veteran's discharge was characterized as 'general (under honorable conditions)', which does not meet the eligibility criteria for Chapter 30 educational benefits. The appeal is denied.

The Board has determined that additional development is necessary before a final decision can be made regarding the veteran's cause of death and his exposure to radon during active service.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from December 26, 2001 to March 1, 2002 was denied as he does not have a service-connected disability.

The veteran's claim for an increased rating for his service-connected molluscum contagiosum with genital herpes is being remanded due to the failure to appear for a scheduled VA examination. The RO will request treatment records and schedule another examination.

The veteran's appeal is being remanded due to the need for a Video Conference Board hearing. The case will be returned to the Board after the scheduled hearing.

The Board has determined that the veteran's current pulmonary disability is not related to his service, and thus denied his claim for service connection.

The Board has determined that the veteran's Crohn's disease is currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 7323 for moderately severe symptoms with frequent exacerbations. The evidence does not support a higher rating.

The veteran's appeal for service connection for residuals of mustard gas exposure has been dismissed as the appellant withdrew their claim.

The veteran's death was due to natural progression of his nonservice-connected aspiration pneumonia, and VA treatment did not cause or contribute substantially to the cause of death. The appellant is not entitled to DIC under 38 U.S.C.A. § 1151 for the cause of the veteran's death as a result of VA treatment. Requirements for payment of accrued benefits have not been met.

The Board has remanded the case for further development due to incomplete information from a previous neurological examination.

The Board denied service connection for a respiratory disorder and a skin disorder, both claimed as due to herbicide exposure in Vietnam. The veteran's current conditions were not shown to be related to his military service or presumed Agent Orange exposure.