Other conditions decisions — 2006

The Board has determined that the veteran's service-connected ilio-inguinal nerve and inguinal hernia disabilities do not warrant a compensable rating under the applicable VA rating criteria. The claims for increased ratings are therefore denied.

The veteran's appeal for service connection for prostatitis has been withdrawn, and the Board does not have jurisdiction to review this claim.

The veteran's claim for an increased rating for his service-connected schizoaffective disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling a new examination.

The Board finds that the appellant is not eligible for death pension benefits due to lack of qualifying service.

The Board found that the veteran's in-service symptoms of heart palpitations were acute and transitory, resolving without residual disability. The VA examination did not find any current disability related to these in-service symptoms.

The Board denied the veteran's claim for eligibility to receive VA nonservice-connected pension benefits due to his dishonorable discharge from active service in 1952.

The veteran's request for waiver of recovery of nonservice-connected disability pension overpayment in the amount of $210.66 for the year 2000 is granted.

The Board has remanded the case for additional development, including obtaining service medical records and seeking treatment information from the veteran. The veteran's claims of service connection for gunshot wound residuals of the chest and shell fragment wound residuals of the stomach will be reconsidered based on the new evidence.

The Board finds that the medical emergency which necessitated the veteran's admission to the Stonewall Jackson Hospital continued upon his transfer, and VA medical facilities were not feasibly available for the care he needed. Therefore, payment or reimbursement of unauthorized medical expenses incurred by the veteran during his hospitalization at Carilion Roanoke Memorial Hospital between May 17 through May 24, 2004 is granted.

The Board found that the appellant did not timely file a notice of disagreement with the September 11, 2002 and September 20, 2002 RO determinations regarding overpayment of education benefits. As a result, the appeal is dismissed.

The Board denied the veteran's claim for a disability rating in excess of 10 percent for residuals of shell fragment wound, left knee.

The Board found that the veteran's service-connected orthopedic and neurologic residuals of right hand cyst removal do not meet the criteria for a higher than 20 percent or 10 percent rating under the applicable VA schedular criteria. The RO was directed to deny both claims.

The Board denied the veteran's claims for service connection for a left foot disability, bilateral hearing loss, and other conditions. The claims were not granted as there was no evidence of current disabilities or a nexus to service.

The Board found no evidence of a current skin disorder and denied the claim for service connection.

The Board denied the veteran's claim for service connection for a bilateral eye disorder to include optic atrophy with horizontal nystagmus, finding no competent evidence of a nexus between his current condition and active military service.

The VA has determined that the veteran's service-connected status-post appendectomy with resultant adhesion in small bowel does not meet the criteria for a rating higher than 10 percent, as there is no evidence of partial obstruction or definite partial obstruction shown by x-ray.

The VA denied the veteran's request for a compensable evaluation for his left ring finger amputation, finding that there was no evidence of ankylosis or other functional impairment warranting such a rating.

The Board found that the veteran's dementia and Alzheimer's disease did not have a nexus to his service, and thus denied service connection for these conditions on an accrued benefits basis. The cause of death was also determined to be unrelated to any service-connected condition.

The Board finds that the veteran does not have loss of use of both lower extremities as a result of service-connected disabilities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

The Board has determined that recovery of the overpayment is not against equity and good conscience, as it would not result in undue financial hardship to the veteran and does not defeat the purpose of the VA improved pension program.