Other conditions decisions — 2008

The veteran's service-connected cold injury residuals of the right lower extremity are being remanded for a more contemporaneous VA examination to determine the current severity of his condition.

The Board denied the appellant's claim for VA benefits due to a lack of qualifying service, as determined by the National Personnel Records Center (NPRC). The NPRC certified that the appellant had no service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the United States Armed Forces.

The appeal is being remanded for additional development, including verifying the appellant's dates of service and determining whether he served in the Selected Reserve. The VCAA notice requirements are also addressed.

The Board found that the overpayment of MGIB education benefits was properly created and denied the request for waiver of recovery.

The Board has determined that new and material evidence has not been received to reopen the forfeiture of all VA benefits previously declared against the appellant, as her application was found to be fraudulent.

The Board denied service connection for a left hand disorder other than the veteran's already service-connected left little finger disability, and also denied service connection for left arm disorder, neck disorder, residuals of head injury, and venereal disease (to include residuals of gonorrhea).

The Board has determined that there is no medical evidence of malaria or its residuals, and thus the veteran's claim for a compensable evaluation for malaria cannot be granted.

The Board found that the overpayment of educational benefits was properly created and denied the appellant's appeal.

The veteran's appeal is being remanded for a personal hearing before a Veterans Law Judge.

The veteran's death was due to cerebral anoxia and cardiac arrest, which were not related to his service. The Board found no evidence linking these conditions to the veteran's active duty.

The veteran's right acromioclavicular joint disease, likely old Hills-Sachs compression deformity, was granted a 40 percent disability rating effective December 12, 2005. Service connection for Meniere's syndrome was not established.

The Board denied the veteran's claims for service connection for albuminuria and his claim for a total disability rating based on individual unemployability due to his hearing loss and tinnitus. The evidence did not support finding that he was unable to secure or maintain substantially gainful employment solely as a result of his service-connected disabilities.

The veteran's unauthorized medical expenses incurred at Champlain Valley Physicians Hospital Medical Center from June 8, 2005 to June 22, 2005 are denied as the services were not rendered in a medical emergency.

The VA denied an increased evaluation for varicose veins of the left leg, finding that the condition resulted in stasis pigmentation but no persistent edema or ulceration.

The Board has granted a higher initial rating of 30 percent for the service-connected residuals of cold injury to both the right and left lower extremities, based on the presence of multiple symptoms such as tissue loss, nail abnormalities, color changes, locally impaired sensation, hyperhidrosis, and X-ray abnormalities.

The appellant is not recognized as the veteran's surviving spouse for VA benefits purposes due to their divorce at the time of the veteran's death.

The veteran's appeal is being remanded due to the need for clarification regarding his enrollment status under the Veterans Millennium Health Care and Benefits Act, as well as representation issues.

The Board has determined that the veteran's lung disabilities, including pleural based disease and interstitial lung disease, are related to asbestos exposure during service. As such, service connection is granted.

The veteran's request for additional vocational training under Chapter 31 was denied as he was found to be employable with the assistance of employment services.

The Board has remanded the case for further development, including scheduling a VA examination and adjudicating issues related to the veteran's connective tissue disability and hypertension.