Other conditions decisions — 2007

The veteran's claim for an increased disability rating for interstitial fibrosis of the lung associated with asbestos exposure is being remanded to obtain additional medical records and to schedule a VA examination.

The Board denied the veteran's claims for service connection for bilateral cataracts and residuals of a right eye corneal abrasion as new and material evidence was not submitted to reopen these previously denied claims.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board denied the veteran's claim for an earlier effective date of July 27, 2005 for a 10% evaluation for postoperative residuals of appendectomy.

The Board has denied the veteran's claim for service connection for basal cell carcinoma of the skin, finding no medical evidence to support a relationship between his current condition and in-service sun exposure.

The Board has determined that the veteran's medical expenses incurred at a private facility from February 8, 2005 to February 11, 2005 are eligible for payment or reimbursement due to an emergency situation and lack of available VA facilities.

The Board has granted a 20 percent rating for the veteran's residuals of a radical prostatectomy, effective from March 2002.

The veteran's claim for service connection for bronchiectasis, which resulted from a lobectomy, was granted. The case will be remanded to schedule the veteran for a hearing before a member of the Board sitting at the RO.

The veteran's claim for additional payment or reimbursement of unauthorized treatment in the form of services under the VA Fee Basis Home Health Care Program was denied by the Board. The case is now being remanded to the VAMC for further development and readjudication.

The Board denied the veteran's waiver request, finding that he was at fault in creating the overpayment due to his failure to notify VA of his incarceration. The Board also found that repayment would not defeat the purpose of the compensation benefit.

The Board has determined that the veteran's claim for an earlier effective date for a total rating based on individual unemployability (TDIU) is denied as there was no timely appeal of the October 1995 decision.

The Board has determined that the appellant is not eligible for Dependency and Indemnity Compensation (DIC) benefits or death pension benefits as she was not married to the veteran at the time of his death.

The veteran's right shoulder condition, post-rotator cuff repair, was rated at 10 percent disabling from July 1, 2002 to July 20, 2006 due to limitation of motion. The rating was increased to 10 percent effective December 30, 2004.

The veteran's claim for service connection for a bilateral leg disability, including peripheral vascular disease is being remanded due to the need for additional development of his service medical records and a VA examination.

The veteran's prostate cancer and post-operative procedures are not considered to be related to his military service, including any exposure to Agent Orange or other hazardous materials during Operation SHAD.

The Board has remanded the case for additional development, including a TDIU claim and a VA gastroenterology examination. The veteran's service-connected postgastrectomy residuals are at issue.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of service connection for a myeloproliferative disorder with polycythemia vera and thrombocytopenia.

The Board has determined that the appellant's discharge from service was under conditions other than honorable due to willful and persistent misconduct, but not insanity. As a result, his character of discharge bars him from receiving VA benefits.

The Board has determined that the veteran's right hip disorder, specifically trochanteric bursitis, was not incurred or aggravated in his active duty service. The evidence does not support a finding of service connection for this condition.

The Board has granted service connection for gastritis, finding that the veteran's symptoms first manifested during his active duty and are related to his military service.