Other conditions decisions — 2008

The Board has determined that the veteran's unauthorized medical expenses for services rendered at Calais Regional Hospital on March 4, 2004 do not meet the criteria for reimbursement under VA regulations.

The Board denied service connection for an acquired psychiatric disorder, finding that the veteran's currently diagnosed adjustment disorder with depressed mood is not related to his military service. The personality disorder was also found not to be a disability for VA purposes and thus not connected to service.

The VA denied the veteran's claim of entitlement to service connection for amyloidosis, finding that there was no evidence linking the condition to his military service or exposure to radiation.

The veteran's service-connected voiding dysfunction disability was rated at 20 percent prior to February 16, 2007. From that date, the disability is rated at 40 percent disabling.

The Board has determined that the veteran's post-operative residuals of a spontaneous pneumothorax do not warrant an evaluation in excess of 30 percent.

The Board has determined that the veteran is entitled to VA outpatient dental treatment for tooth number 9 due to in-service trauma, but not for missing teeth numbered 1, 16, 17, and 32. The decision was based on the absence of evidence of service-connected dental conditions.

The Board has remanded the case back to the RO for further development, including scheduling a VA examination and readjudicating the claim in compliance with the Court's order. The veteran is advised that failure to report to the scheduled examination may result in denial of the claim.

The Board has determined that the attorney fees calculated in the amount of $10,290.80 were correctly calculated and the veteran's appeal to pay less than 20 percent of past due benefits is denied.

The VA has determined that the veteran's service-connected tonsillectomy does not meet the criteria for a compensable evaluation, as there is no evidence of hoarseness or inflammation of cords or mucous membrane.

The Board has decided to remand the case due to inadequate notice provided to the veteran regarding his claim of entitlement to benefits under 38 U.S.C. § 1151 for nerve damage as a result of a hernia operation, and because he needs to provide new and material evidence.

The veteran's appeal was denied as his right hip disability did not meet the criteria for a higher rating than 50 percent.

The Board found that the veteran's stomach disabilities, including esophagitis, gastritis, and a hiatal hernia, were not incurred in or aggravated by active duty service.

The Board found that the veteran's HTN was not incurred in or aggravated by service and denied his claim for service connection. The skin disorder claim is remanded due to insufficient evidence.

The Board found that the veteran's service-connected disabilities did not cause his death, and there was no evidence of a service-connected respiratory disorder or cardiovascular disease. The appellant's contentions regarding PTSD were not considered competent medical evidence.

The Board has determined that the veteran's death was caused by squamous cell carcinoma of the lung, which is presumed to be due to Agent Orange exposure in Vietnam. The claim for service connection for cause of death is granted.

The VA denied the veteran's claim for an increased rating for his service-connected stress fracture and tendonitis of the right tibia, as his disability is currently rated at 10 percent.

The Board denied the veteran's claims for a higher rating for her service-connected residuals of hemilaminectomy and denied her claim for service connection for bilateral leg radiculopathy, finding that there was no evidence to support these claims.

The Board has determined that the appellant's request for waiver of recovery of overpayments of pension benefits in the amount of $2061.00 was timely filed, and thus grants this issue. The validity of the debt for the overpayment is addressed separately.

The veteran is seeking service connection for impotency and a compensable evaluation for his spermatocele with status post left orchiectomy. The case has been remanded to obtain additional medical opinions regarding the etiology of his sexual impotence and the severity of any residuals from his left orchiectomy.

The Board has determined that the veteran does not have a current disability of bilateral vision impairment, as her visual acuity is correctable to 20/20. The claim for service connection is denied.