Other conditions decisions — 2007

The Board has determined that the veteran's urethral stricture, which was diagnosed and treated prior to service, did not pre-exist service but rather increased in severity during active duty. Therefore, the Board finds that the disability is aggravated by service and grants service connection for the condition.

The veteran's initial compensable evaluation for residuals of rhinoplasty and submucous resection was denied as her nasal passages are not obstructed to the degree required by the rating schedule.

The veteran's claim for VA disability compensation under 38 U.S.C.A. § 1151 for additional disability as the result of left foot surgery, fourth metatarsal head, in 1983 is denied because the surgical treatment was not provided by a VA employee or in a facility over which VA had direct jurisdiction.

The veteran's claim for compensation benefits under 38 U.S.C. § 1151 is being remanded due to the need for additional development, including obtaining records of relevant treatment and scheduling an examination by a oncologist.

The Board found that a timely Notice of Disagreement was not received with respect to the March 1995 rating decision, which denied service connection for malaria and fracture of the left index finger. As a result, the March 1995 rating decision is final.

The Board has remanded the case for further development, including obtaining medical records and a VA examination to assess the severity of the veteran's right ankle disability. The veteran is also seeking service connection for a back disorder.

The veteran's service-connected Behcet's syndrome has resulted in the effective loss of use of his lower extremities, meeting the criteria for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment.

The appellant is not entitled to an increased rate of improved death pension benefits as her award is based on zero annual countable income and the maximum rate.

The Board has determined that the evidence is sufficient to establish service connection for postoperative residuals of uterine fibroids and bilateral ovarian cysts. The veteran's psychiatric disability was not found to be related to her in-service conditions.

The VA determined that the veteran's service-connected PTSD did not cause or contribute to his death from metastatic adenocarcinoma and emphysema. The Board found no evidence linking the veteran's in-service asbestos exposure to his post-service lung cancer.

The Board found that the reduction of the veteran's disability compensation to 1/2 of 10 percent due to his incarceration was proper under VA regulations.

The Board has determined that an effective date earlier than April 27, 1999 for an award of service connection for the cause of the veteran's death is denied.

The Board has determined that the appellant's claim for service connection for the cause of her husband's death is granted, finding that his death during active military service was caused by malaria and beriberi.

The veteran's claim for nonservice-connected pension benefits is denied as he does not meet the statutory eligibility requirements due to lack of wartime service.

The Board has decided to remand the case for additional development, including obtaining the veteran's March 2005 VA treatment records from Bay Pines. The veteran is entitled to reimbursement for unauthorized medical expenses incurred at Sarasota Memorial Hospital on August 27-28, 2004.

The veteran's waiver request for an overpayment of nonservice-connected pension benefits was denied due to a finding of misrepresentation on his part.

The former service member's death does not qualify him as a 'veteran' for the purpose of receiving VA death pension benefits, as he did not serve on active duty and no service connection was established for any disability due to disease or injury incurred in his period of ACDUTRA.

The Board has remanded the case for further development due to a need for clarification of medical facts and an opinion regarding the relationship between the veteran's current intervertebral disc disease and his active duty service.

The Board is remanding the case to gather information about the veteran's recent dental treatment and provide appropriate notice before any potential termination of benefits.

The Board denied an increased rating for residuals of a left eye injury, finding that the evidence did not support entitlement to a higher evaluation.