Other conditions decisions — 2007

The Board denied the appellant's claim for VA death pension benefits as a child of the veteran due to her being over 18 years old and married at the time she filed her claim, and did not become permanently incapable of self-support before attaining 18 years of age.

The veteran's claim for an increased disability rating for TMJ disease is being remanded due to the need to obtain missing VA treatment records and dental examination.

The Board found that the veteran was not a fugitive felon and thus, the discontinuance of compensation payments from December [redacted], 2001 until October [redacted], 2005 and the creation of an overpayment were improper.

The Board has determined that the veteran's dysphagia is a result of VA surgery in 1956, and as such, compensation benefits are granted under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's respiratory disability, claimed as secondary to asbestos exposure, was not incurred in or aggravated by active service. The evidence does not confirm any asbestos exposure during military service and no competent medical evidence supports a link between the current respiratory disability and service.

The veteran was hospitalized at Methodist Hospital for a heart attack and received unauthorized medical expenses from Duckworth Pathology Group, Inc. and Memphis Radiological.,The veteran also incurred unauthorized medical expenses on March 12, 2005 from Dr. Hammond during his hospitalization.

The Board denied the appellant's claim for service connection for the cause of the veteran's death, claimed as due to radiation exposure. The appeal is now remanded for further development.

The veteran's claim for payment or reimbursement of unauthorized inpatient medical treatment provided by Manatee Memorial Hospital during March 3-5, 2005 was denied as the condition was considered stable and transfer to a VA facility could have been safely performed.

The veteran's request for an annual clothing allowance is being remanded to the RO for scheduling a videoconference hearing.

The Board has granted service connection for bilateral patellofemoral syndrome and assigned initial disability ratings of 10 percent each, effective from September 27, 2001.

The Board found that the veteran does not have dermatomyositis attributable to military service, including as due to in-service herbicide exposure.

The Board has remanded the case for scheduling a videoconference hearing at the RO. The appellant's eligibility for CHAMPVA for her husband's wife is under appeal.

The Board has determined that the veteran does not have a genitourinary disorder that was incurred in or aggravated by his active service.

The Board found no evidence linking the veteran's urethral stricture to his service, and denied his claim.

The Board has determined that the veteran's right eye injury during service did not result in chronic residuals and therefore, he is denied service connection for his current condition.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for follicular lymphoma, to include as secondary to radiation exposure or chemical exposure.

The Board denied the veteran's claim to reopen his eligibility for VA benefits due to lack of qualifying service, and thus the appeal is dismissed.

The Board denied the veteran's request for waiver of overpayment of improved pension benefits, finding that his actions constituted bad faith and thus precluded any waiver.

The Board has determined that the veteran's ulcerative proctitis had its onset during his military service and grants service connection for this condition.

The veteran is granted a 10 percent rating for the service-connected residuals of a stress fracture of the left medial tibial plateau effective May 8, 1998.