Other conditions decisions — 2007

The Board found that the veteran's condition was not of such a nature that any delay in seeking immediate medical attention would have been hazardous to life or health, and VA facilities were feasibly available. Therefore, the veteran is not entitled to reimbursement for unauthorized medical expenses incurred at Mease Hospital on August 15, 2004.

The case is being returned to the RO for additional development of the veteran's income information, as it was not included in the original file. The veteran will need to provide their income details from calendar year 2004.

The Board has remanded the case due to the need for further evidentiary development, including obtaining a copy of the veteran's DD-214 and scheduling him for an examination.

The Board denied the veteran's claim for service connection for dental disability for outpatient treatment purposes, finding that his condition did not meet the criteria set forth in VA regulations.

The veteran's claim for an earlier effective date for increased compensation benefits due to a dependent spouse was denied as the VA had already provided the benefit from May 1, 2002 based on the information received by that date.

The veteran's appeal for a waiver of overpayment was dismissed as moot due to the reinstatement of his VA compensation benefits and liquidation of the debt.

The veteran's claim for an effective date prior to December 1, 2006 for additional VA disability compensation benefits for his spouse is granted. The effective date is set at September 1, 2005, the date of their marriage.

The Board has granted service connection for peptic ulcer disease with postgastrectomy syndrome and a total disability rating for compensation based on individual unemployability, both effective March 14, 1990.

The Board has remanded the case due to the need for a VA examination to determine if the veteran has a chronic disability manifested by dizziness related to his service, including an IED explosion in Iraq. The appeal will be returned to the RO after further development.

The Board has determined that the veteran's current left tibial problems are a residual of her in-service shin splints or stress fractures, and thus service connection is granted.

The veteran's patella femoral syndrome of the left knee is not productive of any additional limitation that would warrant a higher rating than the current 10 percent.

The veteran's service-connected degenerative joint disease of the right and left knees with limitation of motion have been rated as 10 percent disabling, but his claims for increased evaluations are denied.

The Board found that the veteran's chronic duodenal ulcer has been manifest by occasional brief episodes of epigastric pain and required continuous medication, but no impairment of health such as anemia or weight loss. The disability does not meet the criteria for a higher rating.

The Board found that the veteran's preexisting right leg fracture was not aggravated by service and there is no current evidence of a right leg disability. Therefore, the claim for service connection for a right leg disability is denied.

The Board has reopened the claim of entitlement to benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida and is now considering it on its merits.

The Board has determined that the veteran's chronic costochondritis, which is currently rated as 10 percent disabling, does not warrant a higher rating based on the evidence of record.

The Board found that the overpayment of $708.00 was properly created due to a retroactive SSA payment, and denied the appeal as the veteran did not file a timely waiver request.

The Board has reopened the claim for death benefits as a surviving spouse due to new evidence presented, but denied the claim on the merits because the appellant and veteran were not continuously cohabiting from the date of their marriage.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred on March 31, 2001, and October 18, 2003, was denied as the criteria for reimbursement were not met.

The veteran's appeal has been withdrawn, and her claim for an initial evaluation greater than 10 percent for residuals of a gunshot wound to the right upper extremity with repaired right brachial artery laceration and retained metallic foreign bodies from August 25, 2004 is dismissed.