Other conditions decisions — 2008

The Board denied the veteran's petition to reopen his claim of service connection for residuals of a neck injury, finding that new and material evidence was not received. The claim remains denied.

The veteran has withdrawn his appeal regarding the removal of B.M.M. as his spouse from VA improved pension benefits effective April 1, 2004.

The Board has determined that an earlier effective date prior to February 2, 2005 for the grant of additional compensation based on the veteran's spouse is not warranted.

The Board found that the veteran does not have essential thrombocythemia due to service, and thus denied his claim for service connection.

The Board has determined that the appellant's discharge from active service was under other than honorable conditions due to willful and persistent misconduct, specifically drug abuse. As a result, his character of discharge bars him from receiving certain VA benefits, including compensation.

The Board has determined that the appellant is not recognized as the deceased veteran's surviving spouse for VA benefits purposes.

The Board denied the appellant's application to reopen his claim of legal entitlement to VA benefits based on recognized service in the Armed Forces of the United States, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's Frey's syndrome, a recognized risk of parotid surgery, is causally related to his August 1975 VA surgery and grants compensation under 38 U.S.C.A. § 1151.

The Board has determined that the appellant's deceased spouse did not have service with the United States Armed Forces, and thus does not meet the eligibility requirements for VA death benefits.

The veteran's service-connected neuropathic pain of the right lower extremity and groin, status post ilioinguinal and iliohypogastric neurectomies following right inguinal hernia repair is not manifested by severe, incomplete paralysis of the sciatic nerve. The Board finds no basis for assigning a rating in excess of 40 percent. Service connection for a left elbow condition was denied.

The VA denied the veteran's claim for a compensable rating for his right tibial plateau stress fracture, as there is no evidence of arthritis or other service-connected conditions that would warrant a higher evaluation.

The Board has remanded the case due to the need for a VA neurological examination to determine if the veteran's persistent or recurrent symptoms are related to his in-service anthrax injections.

The Board has reopened the claim for recognition as the surviving spouse of the veteran, but denied the claim due to lack of continuous cohabitation and holding oneself out openly as another man's spouse.

The Board has determined that the overpayment of $5,343.76 was properly created and assessed against the appellant due to his prior receipt of benefits under Chapters 30 and 31 in excess of 48 months.

The Board has remanded the case due to insufficient evidence regarding the etiology of the appellant's Crohn's disease, which may have started during his active duty training. The appellant must be afforded a VA examination and an opinion on the matter.

The veteran's claim for reimbursement of non-authorized emergency medical care at Meriter Hospital from February 28, 2005 to March 13, 2005 was denied because he was not enrolled in the VA healthcare system within the prior two years and therefore did not meet the eligibility criteria.

The veteran's unauthorized medical expenses incurred from April 12, 2006 to April 16, 2006 were not covered by VA because his condition had stabilized and he could safely have been transferred to a VA facility.

The veteran claims service connection for a skin disorder due to herbicide exposure, specifically Agent Orange. The VA has not provided sufficient evidence regarding the diagnosis and causation of his condition.

The veteran's appeal is being remanded due to deficiencies in the VCAA notice provided, specifically regarding the correct eye and potential increase in severity of a nonservice-connected left eye condition.

The Board finds that the veteran's service-connected organic delusional disorder did not cause or contribute substantially to his death due to a traffic accident. Therefore, service connection for the cause of death is denied.