Other conditions decisions — 2006

The veteran's appeal has been withdrawn before the Board could make a decision.

The veteran's claim for service connection for arm, neck, and leg disorders, including as secondary to his service-connected chronic recurrent musculoskeletal low back pain, has been denied by the Board of Veterans' Appeals.

The veteran's overpayment of $7,167.00 in pension benefits was denied due to bad faith on his part.

The Board has remanded the case due to the need for further development of evidence, including information about child support payments and financial hardship.

The Board found that the evidence submitted since the March 1995 decision is not new and material, thus denying the reopening of the claim for service connection for a left hand condition.

The Board finds that the veteran's cold injury residuals are related to his service in Korea, and grants service connection for these conditions.

The Board has determined that the veteran's service-connected stroke residuals do not meet the criteria for a disability rating in excess of 10 percent as they do not produce impairment of motor, sensory or mental function. The heart condition is rated at 60 percent prior to March 22, 2005 and 30 percent thereafter.

The veteran's service is not considered qualifying for VA non-service-connected death pension benefits, and the appellant does not meet the criteria for accrued benefits.

The veteran's claim for payment of unauthorized medical expenses is denied because the care was not rendered in response to a medical emergency and a VA facility was feasibly available.

The veteran's death was caused by metastatic nasopharyngeal carcinoma, which the VA physician who examined him concluded was due to his in-service herbicide exposure. The appellant is granted service connection for the cause of the veteran's death and on an accrued basis for nasopharyngeal cancer due to herbicide exposure.

The veteran's claim for an increased rating for his service-connected tenosynovitis of the right Achilles tendon is being remanded due to incomplete records and need for a new VA examination.

The Board concludes that the veteran's death was caused by liver cancer, which is presumed to have been induced by radiation treatment for Hodgkin's disease incurred during his service in Vietnam. The appellant's claim for service connection for cause of death is granted.

The case is being remanded to the VAMC for determining the proper priority category for the appellant's eligibility for VA health care benefits. The appellant needs to provide a copy of Page 2 from his Application for Health Benefits, and the VAMC should determine if he meets the criteria for category 8.

The Board has determined that the veteran's residuals of a gunshot wound to the abdomen are proximately due to or the result of his service-connected disability (recurrent episodes of loss of consciousness, probably syncope). As such, service connection is granted.

The Board has determined that the veteran's major depressive disorder is attributable to service and granted service connection for this condition.

The Board finds that the appellant has abandoned her appeal due to failing to keep VA informed of her whereabouts and providing requested information. As a result, the case is dismissed.

The Board denied service connection for residuals of cold injuries of the feet and hands, as well as other claims including hearing loss, tinnitus, hip arthroplasties, and TDIU. The veteran appealed these decisions.

The Board has ordered further development of the veteran's claim for service connection due to incomplete records from a VA medical center. The case will be returned to the RO for consideration after these records are obtained.

The Board determined that new and material evidence had not been received to reopen the veteran's claim of entitlement to service connection for a back disorder, and found that ankylosing spondylitis, a fracture at T10, and scoliosis were not due to disease or injury during military service.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for inadequate personality disorder, mild, with emotional instability reaction. The veteran's previous claim was denied in August 1952 due to his condition not being a disability under VA law.