Other conditions decisions — 2007

The Board found that recovery of the overpayment was against equity and good conscience, granted waiver of recovery for $742.50, and denied waiver of recovery for the remaining amount.

The Board has granted a 20 percent evaluation for the veteran's residuals of a right foot injury, status-post second degree burn of the right lateral foot with incomplete sural nerve injury.

The veteran's spouse, [redacted], was overpaid in the amount of $1,650.00 for apportionment of his compensation benefits paid between October 1, 2002 to August 31, 2003 and is now indebted to the United States Government.

The Board has remanded the case for further development due to new evidence received by the appellant and clarification of her representative status.

The Board has remanded the case for further development, including obtaining medical opinions and examinations to determine the nature of the veteran's skin condition and chest wound disabilities.

The Board denied service connection for right eye enucleation and found the appellant not eligible for nonservice-connected VA pension benefits due to lack of qualifying military service.

The Board has determined that the veteran's service-connected PTSD contributed to his death from cardiac arrest and multiple myeloma, granting service connection for the cause of the veteran's death.

The Board has determined that the overpayment of compensation benefits paid for a dependent spouse between November 1, 1987, and October 1, 1991 was properly created. The veteran's indebtedness is acknowledged, but he contends he should not be liable for an overpayment after June 1989 due to his remarriage.

The Board denied the veteran's claim for service connection for PTSD as there were no verified in-service stressors, and thus the veteran did not meet the regulatory requirements for service connection.

The Board has determined that additional development is needed to determine the cause of the veteran's death and whether his service-connected conditions contributed to it. The case will be returned for further action.

The Board denied the appellant's claim for an effective date prior to January 15, 2003 for restoration of DIC benefits due to lack of receipt of a timely claim after her second spouse's death.

The veteran's claim for payment or reimbursement of medical expenses incurred on September 11, 2003 at a non-VA hospital is being remanded due to the need for further development under specific regulations.

The Board found that the VA facilities were not infeasibly available and that the veteran chose to receive treatment at SLRMC due to dissatisfaction with prior care. Therefore, payment or reimbursement for medical services received at SLRMC is denied.

The veteran seeks compensation under 38 U.S.C. § 1151 for nerve damage to the left arm, which he contends is due to improper administration of Haldol by his VA caregivers. The claim was previously denied and reopened but remains denied on the merits.

The Board denied a rating in excess of 10 percent for the veteran's left fascial deficit and status post fasciotomy left anterior compartment with history of peroneus strain, but granted service connection for these conditions.

The Board found that the veteran's neurologic disability, including memory loss, tremors, thought and speech dysfunction, and concentration problems, is not due to disease or injury incurred in service. The evidence did not support a relationship between any current condition and exposure to carbon tetrachloride or microwave radiation during service.

The Board is remanding the case to address claims for earlier effective dates for a TDIU and a 70 percent rating for PTSD, as these issues are inextricably intertwined with the veteran's appeal.

The veteran's claim for an increased rating for his service-connected left thumb disability was granted, with a current rating of 10 percent.

The veteran's claims for service connection for eye pain, pilonidal cyst, dizziness, and chest pain were all denied. The RO found no competent evidence to support these conditions.

The veteran has withdrawn his appeal regarding the payment of or reimbursement for medical expenses based on private medical services provided from November 13, 2005 to November 15, 2005. As a result, the Board dismisses the appeal.