Other conditions decisions — 2007

The Board has remanded the case due to a failure to consider whether new and material evidence was received to reopen the previously denied claim of legal entitlement to VA benefits based on the character of the appellant's discharge. The RO should ensure that all relevant VCAA notice requirements are met, including informing the appellant about what evidence would be necessary to substantiate the basis for the prior denial.

The Board denied increased disability ratings for residuals of cold injury of the right and left lower extremities, finding that the current 30 percent rating adequately reflects the veteran's symptoms.

The veteran and his former spouse have a minor child in their custody. The appellant has demonstrated hardship, and the Board finds that an apportionment of the veteran's compensation benefits for the child is appropriate.

The Board has denied the veteran's claims for service connection for residuals of a pelvic injury and a bilateral leg disorder. The veteran is not entitled to an initial evaluation in excess of 10 percent for migraine headaches.

The Board has determined that the February 1995 decision contained CUE and granted service connection for the cause of the veteran's death effective from February 16, 1995.

The Board denied the veteran's claim for service connection for loss of teeth due to dental trauma resulting from a service-connected gunshot wound to the chin, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's current bilateral defective hearing does not meet or approximate the criteria for a compensable evaluation.

The veteran's claim for payment or reimbursement of unauthorized medical expenses for treatment received at St. Francis Hospital from February 20, 2004 through February 23, 2004 is granted due to the emergent nature of his myocardial infarction and the lack of feasible VA facilities.

The Board has granted the veteran's motion for advanced placement on the docket and remanded the case to obtain complete dental treatment records from private dentists and VA facilities, as well as a determination of whether any dental services were rendered in an emergency situation.

The Board found that the veteran's service-connected bronchiectasis has resolved, and his current respiratory symptoms are related to chronic obstructive pulmonary disease (COPD) due to a long history of smoking. As such, he does not meet the criteria for an increased rating.

The veteran's prostatitis and urethritis are currently rated as 20 percent disabling for voiding frequency, which is the highest rating available under current criteria. His epidermatophytosis of the hands and feet remains at a 10 percent rating.

The Board has ordered the case to be remanded for further investigation into the appellant's service records and alternative names or numbers used.

The veteran's claim for service connection for cancer of the stomach has been dismissed due to his death.

The veteran's overpayment of VA compensation benefits is denied as recovery would be against equity and good conscience.

The Board denied the veteran's claim for service connection for ulcerative colitis, finding no evidence of a nexus between his current condition and active military service.

The appellant is not the veteran's spouse and does not have a child of the veteran for VA purposes, thus she is not entitled to an apportionment of the veteran's VA disability compensation benefits.

The Board has remanded the veteran's claims for service connection due to exposure to herbicides in Vietnam. The case will be returned to the RO via the AMC for additional development and readjudication.

The veteran's lipomas were incurred during service and are related to his exposure to Agent Orange. The Board granted the claim for service connection.

The veteran's right lower extremity exertional compartment syndrome is rated at 20 percent, while his left lower extremity condition does not warrant a compensable rating.

The Board denied the veteran's claims for service connection for prostatitis, back injury residuals, and right leg injury residuals. The evidence did not raise a reasonable possibility of substantiating these claims.