Other conditions decisions — 2007

The Board determined that the veteran was not a fugitive felon during the period from December 27, 2001, to April 22, 2003, and therefore, an overpayment of VA compensation in this amount was not properly created.

The Board finds that the veteran's stroke residuals were not caused by VA treatment, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The VA denied the veteran's claim for a compensable evaluation for residuals of a fracture of the 5th finger of the left hand, as there was no x-ray evidence of arthritis and no limitation of motion.

The Board has determined that additional development is needed to determine if the veteran's current heart, lung, and right arm conditions are related to his pre-existing gunshot wound from 1946. The VA will arrange for a VA examination to assess whether these conditions were aggravated by service.

The Board has remanded the case for further development regarding whether the veteran's leukemia was related to his exposure to radiation during service.

The Board has granted an initial 10 percent rating for the service-connected hyperkeratosis of the right foot, effective from the date of the claim.

The Board found that the veteran's cause of death, colon adenocarcinoma, was not related to his period of service or any service-connected disability. The claim for service connection for the cause of death is denied.

The Board has granted a 20 percent evaluation for the veteran's service-connected residuals of bilateral inguinal hernia repair with residual pain, effective from August 28, 2002.

The Board denied the veteran's claims for reopening his service connection claim and for a higher rating for diabetes mellitus with background diabetic retinopathy, right eye. The decision found that new evidence did not relate to an unestablished fact necessary to substantiate the claim and that the disability does not require insulin or regulation of activities.

The veteran's appeal has been withdrawn before a decision could be made.

The veteran is seeking a total rating based upon individual unemployability due to service-connected disabilities. The case has been remanded for further action, including scheduling a Travel Board hearing.

The Board has determined that the attorney fee stipulated in a December 28, 1990 agreement is reasonable and not excessive.

The Board denied an initial compensable evaluation for recurrent urinary tract infections and did not establish a prior effective date for the grant of service connection due to lack of evidence showing entitlement before May 5, 1998.

The veteran's medical expenses incurred at St. Petersburg General Hospital from January 28 to February 2, 2006 were not authorized by VA and thus payment or reimbursement is denied.

The Board has remanded the case for additional development due to VCAA notice issues.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death, and thus denied the claim for service connection for the cause of death.

The Board has granted a 20 percent rating for the veteran's postoperative right foot calcaneal spur with heel pain, finding that it more nearly approximates moderately severe foot impairment.

The Board found that there is no evidence of a spinal cord injury or neurological deficit as a result of the appellant's service-connected left knee disability. The claim for compensation was denied.

The VA has determined that the veteran's dysthymic disorder, which is currently rated at 30 percent disabling, does not warrant a higher rating based on current evidence.