Other conditions decisions — 2007

The Board has denied the appellant's claim for an increase in the amount of apportionment of her/his veteran's disability benefits, finding that she/he did not timely file a notice of disagreement with the January 2004 decision.

The Board found that the veteran's alcoholism, which was in remission since 1990, is not secondary to his service-connected PTSD and does not currently result from it.

The Board denied the veteran's request for an extension of his delimiting date for educational assistance benefits under Chapter 30, as there was no medical evidence showing a period of disability that made training infeasible.

The veteran's hypertension is currently manifested by systolic blood pressure of 160 or less, and diastolic blood pressure of 90 or less. The Board finds that the preponderance of evidence does not support an evaluation in excess of 10 percent for hypertension.

The veteran's gout was incurred in service and the Board has granted service connection for this condition.

The Board has granted the veteran's request for waiver of recovery of an overpayment of $13,156.80 due to his failure to report his incarceration.

The Board denied an evaluation in excess of 10 percent for leukocytoclastic vasculitis, finding no evidence of debilitating episodes that would warrant a higher rating.

The veteran's claim for an increased evaluation for his service-connected right leg fracture is being remanded due to the need for a VA examination and additional development of the case.

The Board has determined that the appellant's countable income is $5,842, which is less than the maximum annual pension rate for a surviving spouse with no dependents. Therefore, initial entitlement to nonservice-connected death pension benefits based on income is granted.

The veteran's claims for increased ratings for prostate adenocarcinoma and impotence have been denied by the Board of Veterans' Appeals.

The Board has decided to remand the case for additional development, including obtaining medical records from VA facilities and conducting any necessary examinations.

The appellant's father did not serve during a period of war, thus failing to meet the basic eligibility criteria for nonservice-connected death pension benefits.

The veteran's appeal has been dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that the cause of the veteran's death was not related to his military service and denied both the claim for service connection for cause of death and the accrued benefits claim.

The Board has determined that the veteran's current bilateral hearing disability is due to noise exposure during active service, and therefore grants service connection for this condition.

The veteran's medical expenses incurred between November 14, 2003 and January 21, 2004 are eligible for reimbursement as the medical emergency ended when VA determined he was stable enough to transfer from a non-VA facility. However, there is conflicting evidence regarding his stability for transfer during the period of November 14-17.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 due to loss of use of the right hand from neck surgery is being remanded for a Travel Board hearing.

The veteran's widow is not entitled to nonservice-connected death pension benefits due to her income exceeding the statutory limits, even after accounting for unreimbursed medical expenses.

The Board found that the veteran's additional disabilities were not proximately due to VA carelessness, negligence, or lack of proper skill in providing medical treatment. The claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Board finds that there is no credible evidence of in-service asbestos exposure and no competent evidence linking the veteran's current lung disorder to service. Therefore, the claim for service connection for a lung condition due to asbestos exposure is denied.