Other conditions decisions — 2007

The veteran's dysthymic disorder is being remanded for further examination and development, including a VA psychiatric examination to determine if it is related to his service-connected disabilities. The TDIU issue is also inextricably intertwined with the other claim on appeal.

The veteran's claim for an initial compensable evaluation for boxer's fracture of the right hand is being remanded due to incomplete records and potential service connection issues.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records.

The Board has remanded the veteran's claims for service connection and increased rating due to further development being needed, including clarification of the true nature of his claimed sleep disorder.

The Board has determined that the appellant's character of discharge from both periods of service is dishonorable due to willful and persistent misconduct and an offense involving moral turpitude, thus denying his eligibility for VA compensation benefits.

The veteran's claim for payment or reimbursement of medical expenses incurred at Saint Alphonsus Regional Medical Center on November 28, 2003 was denied because VA facilities were feasibly available to treat his condition.

The Board denied the veteran's claim for an effective date prior to February 3, 2005 for grant of service connection for laryngeal cancer due to lack of legal merit or entitlement under the law.

The veteran's claims for service connection are being remanded to obtain additional evidence and development, including a VA examination and consideration of the DTRA radiation dose data.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a right foot disorder, which is now granted. The current status post triple arthrodesis of the right foot is found to be related to an in-service injury.

The veteran's unauthorized medical expenses incurred at the Rapid City Regional Hospital from July 25, 2004 to July 30, 2004 were reimbursed as they met the criteria for emergency treatment in a non-VA facility due to an acute and serious condition.

The Board has determined that recovery of the overpayment of death pension benefits is not against equity and good conscience, thus granting the waiver request.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on August 29, 2005, at Strong Medical Hospital was granted as all criteria set out by VA regulations were met.

The VA denied increased evaluations for varicose veins of the right and left legs, finding that the evidence did not show persistent edema or other symptoms warranting a higher rating.

The Board has denied the veteran's claim for service connection for thrombophlebitis of the left lower extremity, finding that the evidence does not support a link to his active duty service or a pre-existing condition.

The Board has remanded the case for further development, including obtaining medical records from the veteran's Merchant Marine service and scheduling an examination to determine if his current disabilities are related to his head injury during service.

The Board found that the veteran's traumatic cataract in the right eye existed prior to service and was not aggravated by active service. Therefore, the claim for service connection is denied.

The veteran's death is caused by squamous cell carcinoma of the skin, which was presumed to have been incurred due to his exposure to mustard gas during active service. The issue of DIC benefits under 38 U.S.C. § 1318 is dismissed as the cause of death has already been established.

The veteran's chronic liver disorder is not related to service, and he does not meet the criteria for a total rating based on individual unemployability prior to August 16, 2006.

The Board found that the appellant's character of discharge from service was a bar to VA benefits due to willful and persistent misconduct, but not insanity at the time of offenses.

The Board denied the veteran's claims for increased ratings for his service-connected left femur fracture and right fourth metacarpal fracture, finding that neither disability warranted a higher rating under VA's rating criteria.