Other conditions decisions — 2006

The Board has determined that the veteran's in-service stomach symptoms are related to his later diagnosed peptic ulcer disease, and thus service connection is granted.

The veteran's skin cancer is being reviewed to determine if it is related to his exposure to ionizing radiation during service. Further development, including a VA examination and medical opinion, is needed.

The Board denied an initial compensable rating for the service-connected post-operative small bowel obstruction, finding that the veteran's symptoms did not warrant such a rating. The issue of service connection for a right ankle disability was also addressed and granted.

The Board found that the cost of herbs, teas, mushrooms, and dietary supplements was not a medical expense and therefore should have been included in the calculation of income for pension payments.

The appellant's claim for eligibility for death pension benefits and accrued benefits is denied. The veteran did not possess the requisite service to qualify for VA non-service-connected death pension benefits, and there was no pending claim at his time of death that would have entitled him to such benefits.

The appellant is seeking an extension of the delimiting period for her spouse's DEA benefits under Chapter 35, Title 38, United States Code. The RO denied her claim as the delimiting date had expired. The Board has ordered a remand to obtain the veteran's claims file and review all pertinent evidence.

The Board has remanded the case for further development, including scheduling a RO hearing and readjudicating the claims.

The VA has denied an increased evaluation for dermatophytosis of the lower extremities, currently rated as 10 percent disabling.

The Board has found new and material evidence to reopen the claim of service connection for colon cancer due to Agent Orange exposure. However, the preponderance of the evidence is against a finding that the veteran's colon cancer is causally related to active service or to his presumed herbicide exposure.

The veteran's unauthorized private medical services provided on July 3-5, 2004 were reimbursed because the treatment was for a service-connected disability (hypertensive vascular disease) and there was an emergent need that VA facilities were not feasibly available.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death. The December 2004 VA examiner concluded it was less likely than not that the veteran's service-connected chronic osteomyelitis with long-term antibiotic therapy was the principal cause of his death, and also less likely than not that the veteran's service-connected conditions were a significant or substantially contributing factor to his ultimate demise.

The Board found that the overpayment of VA improved pension benefits was properly created and is a valid debt. However, recovery of this overpayment would not be against equity and good conscience due to fault on the part of the veteran.

The Board denied a rating in excess of 30 percent for ulcerative colitis and denied entitlement to a TDIU. The veteran's service-connected disability did not prevent him from securing or following a substantially gainful occupation.

The Board found that the veteran's service-connected residuals of a gunshot wound to his left hand affecting Muscle Group IX do not meet the criteria for an increased rating beyond the current 10 percent.

The Board found no evidence of a current chronic sinus disorder and denied the veteran's claim for service connection.

The veteran's unauthorized private medical treatment for severe abdominal pain was found to be reasonable and necessary, leading to its reimbursement. The VA facilities were not feasibly available at the time of the emergency.

The Board has determined that the veteran does not have a current chronic back disability and therefore, service connection for residuals of a back injury is denied.

The veteran's chronic abdominal pain with fibroids and post-amputation of the right index finger, distal joint were granted increased evaluations. The service connection claims for other conditions (right shoulder disability, left knee disability, skin rash, and tinnitus) are pending.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA medical records and scheduling examinations.

The Board has granted the veteran's claim for service connection for post-traumatic stress disorder, finding that there is a link between current symptoms and verified in-service stressors. The appeal regarding nasopharyngeal cancer was dismissed as it did not involve service connection.