Other conditions decisions — 2007

The Board found that the veteran's injuries were the result of his own willful misconduct, which resulted in him not being sustained in the line of duty.

The Board found that the veteran's current neurological disorder was not incurred or aggravated by service, and therefore denied his claim for service connection.

The Board has determined that the veteran's statement expressing disagreement with the overpayment of VA compensation and pension benefits can be construed as a timely notice of disagreement. The case is now REMANDED to the RO for issuance of a Statement of the Case regarding this issue.

The Board is remanding the case to consider whether the service-connected malaria caused or contributed to the veteran's death, including his fatal heart disease.

The veteran's claim for compensation under 38 U.S.C. § 1151 for visual impairment as a residual of VA blepharoplasty was denied because there is no additional visual impairment stemming from the procedure. The service connection claims for an organic disability manifested by balance problems and for a respiratory disability were not supported by evidence, and the claim for increased rating for bilateral hearing loss was also denied.

The Board denied the veteran's claim for an increased rating for his service-connected PTSD, finding that the symptoms did not meet the criteria for a higher 70 percent rating.

The veteran's claims for an effective date prior to May 20, 2002 for service connection for Post Traumatic Stress Disorder and total disability rating based on individual unemployability were denied.,An effective date of May 20, 2002 was assigned for both conditions.

The veteran's claim for payment or reimbursement of unauthorized medical expenses is being remanded due to the need for VCAA notice and further development regarding his service-connected disability rating, eligibility under 38 U.S.C.A. § 1725 or 1728, and whether VA facilities were feasibly available.

The veteran's service-connected low back disability has resulted in significant impairment, but does not meet the criteria for specially adapted housing due to loss of use of both lower extremities.

The Board denied the appellant's claim for recognition as the deceased veteran's surviving spouse, thus denying her eligibility for VA death benefits.

The Board found that the veteran's overpayment of VA educational assistance benefits was valid and denied the appeal.

The Board has determined that the veteran does not have a current diagnosis of paralysis of the lower body, numbness of the right arm, or numbness of the left arm as secondary to an unspecified neck condition. The claims for these conditions are therefore denied.

The Board denied the veteran's claim for service connection for stomach pains as there is no evidence of a current diagnosed disability.

The Board denied the appellant's claim for service connection for cause of death, finding that new and material evidence had not been submitted to reopen the claim. The evidence presented since the September 1997 rating decision was deemed insufficient to raise a reasonable possibility of substantiating the veteran's claim.

The Board has determined that a compensable evaluation (10%) for tendonitis of the right index finger is warranted, based on moderate impairment. The veteran's notice of disagreement was not timely filed.

The Board found that the veteran's squamous cell carcinoma of the right tonsil was not incurred or aggravated during service and could not be presumed due to herbicide exposure. The evidence did not link the cancer to his Vietnam service, and a significant lapse in time between exposure and development of the disorder significantly weighed against the claim.

The Board has determined that the veteran's postgastrectomy syndrome with chronic anemia does not more nearly approximate the criteria for a higher disability rating, and thus he is not entitled to an increased evaluation.

The Board has granted a disability rating of 70 percent for the veteran's undifferentiated somatoform disorder, which is the maximum available under the applicable rating criteria.

The Board has remanded the case for further development, including verification of the veteran's service with the USAR and readjudication of the pension benefits claim. The issues of PTSD and bilateral carpal tunnel syndrome are also pending.

The veteran's claim for payment or reimbursement of medical expenses incurred at OU Medical Center from June 27, 2003 to June 30, 2003 is denied as he did not satisfy all the criteria under the Veterans Millennium Health Care and Benefits Act. However, if the services were rendered in a medical emergency of such nature that delay would have been hazardous to life or health, and no VA facility was feasibly available, reimbursement may be made pursuant to 38 U.S.C.A. § 1728.