Other conditions decisions — 2007

The veteran is seeking service connection for a mouth disability that he attributes to radiation treatment related to his service-connected vocal cord cancer. The Board has determined that additional medical opinions are needed regarding the relationship between the veteran's current dental issues and his service-connected condition.

The veteran is eligible for payment of unauthorized medical expenses incurred on March 5, 2004 due to emergency treatment received at a private facility. The decision is based on the criteria set forth in 38 U.S.C.A. § 1725.

The case is being remanded to the RO for compliance with the Court's order, ensuring adequate notice under 38 U.S.C.A. § 5103(a) and Kent v. Nicholson (2004), followed by a readjudication of the veteran's claims.

The Board found that the veteran's duodenal ulcer did not result in hematemesis, melena, malnutrition or weight loss and was not productive of definite impairment of health. Therefore, a disability rating in excess of 40 percent for his service-connected duodenal ulcer is denied.

The veteran's appeal was denied as he did not enroll in an approved program of education for VA benefits, and the course taken by him was never approved by the State Approving Agency (NSAA).

The veteran's non-lymphoepithelioma of the right neck with dysphagia is currently rated at 50 percent, and the Board finds that a higher rating is not warranted.

The veteran's appeal is being remanded to the RO for further review of his increased rating claim for PTSD, including consideration of any new evidence submitted since the last supplemental statement of the case.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, finding that his right ulnar nerve disorder was not caused by or made worse by VA medical care in September 1997.

The Board found that the veteran does not currently have rhabdomyolysis, and thus denied service connection for this condition. The claim for an increased disability rating for chest muscle strain was also denied.

The Board has determined that the veteran's squamous cell carcinoma of the lung, post-thoracotomy residuals and intercostal neuralgia should be separately rated. The squamous cell carcinoma is rated at 10% based on post-bronchodilator pulmonary function results, while the intercostal neuralgia is rated at 10% under DC 8719.

The Board denied the veteran's claim for service connection for osteoporosis, finding that it did not have its onset during active service, was not caused or aggravated by a service-connected condition, and there is no evidence of a nexus between the two.

The Board has remanded the case due to conflicting medical opinions and a need for further examination. The veteran's service-connected scars are still rated at zero percent, but there may be other disabilities related to his in-service injuries that should be evaluated.

The Board has granted initial disability ratings of 20 percent for the service-connected right shoulder disorder and left shoulder disorder, based on residuals of bilateral Bankart reductions with infrequent dislocations of the scapulohumeral joints.

The Board has denied the veteran's claim for an increased evaluation for his service-connected giant cell tumor of the distal left tibia, as there is no evidence showing that his symptoms warrant a higher rating.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that her marriage to the veteran did not meet the statutory requirement of being married one year or more prior to his death.

The veteran seeks a higher initial rating for his service-connected degenerative joint disease and herniated discs of the cervical spine. The RO assigned a 20 percent rating, but the case is being remanded to obtain additional medical evidence and to provide an orthopedic examination.

The Board denied the veteran's request for a waiver of overpayment of VA compensation benefits, finding that repayment would not cause undue hardship and that there was no fault on the part of the veteran in creating the debt. The decision also noted that the veteran did not have any service connection issues.

The veteran's appeal is being remanded for a Board hearing before a Veterans Law Judge sitting at the RO. The issues of service connection and initial evaluations are pending.

The Board has determined that new and material evidence has been received to reopen the claim for recognition of the appellant as the veteran's surviving spouse, allowing the case to proceed on this issue.

The veteran's annual income exceeded the maximum annual rate established by law for payment of nonservice-connected pension benefits for a veteran with one dependent, and thus his claim for pension benefits was denied.