Other conditions decisions — 2008

The veteran's death is not attributable to a disability incurred in or aggravated by service, including exposure to Agent Orange. The appellant-widow cannot receive DEA as the veteran had no service-connected disabilities at the time of his death.

The veteran's initial compensable rating claim for pelvic inflammatory disease, status post right salpingectomy and history of endometriosis was denied as there is no evidence that the disability requires continuous treatment.,Service connection for a partial hysterectomy was also denied because there is no medical evidence confirming she had this procedure.

The Board has remanded the case due to incomplete records and VCAA compliance issues, including obtaining additional medical records and providing proper notice.

The Board found that the loss of rotation of the left arm and accidental amputation of the left hand were not caused by or contributed to by VA treatment provided from August 4 to 20, 2002 in conjunction with a fractured left ulna. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Board has reopened the veteran's claim for service connection of scleroderma and determined that new and material evidence was submitted. The Board found that it is reasonable to suggest that the veteran's gastrointestinal symptoms during service may have been early signs of his current diagnosis of scleroderma.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private facility on January 14, 2004 was denied as he did not meet the criteria set forth in VA regulations.

The Board has granted the veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a left frontal-temporal hematoma, finding that VA negligence caused his disability.

The Board found that the veteran's deep vein thrombosis is not related to his service-connected traumatic right epididymitis and injury to the testis, and therefore denied the claim for service connection.

The veteran's adult daughter is not eligible for VA death pension benefits as she was over 23 years old at the time of her father's death and did not meet other eligibility criteria.

The case is being remanded due to inadequate VCAA notice, and the appellant needs a new notification letter that complies with Hupp v. Nicholson.

The Board has decided to remand the case for additional development, including obtaining VA and private medical records, conducting a VA examination, and addressing the applicability of recent changes in regulations regarding service connection on an aggravation basis.

The Board has granted a partial waiver of the overpayment of nonservice-connected pension benefits in the amount of $11,764.00 due to financial hardship.

The veteran died in May 1991 and the appellant was not entitled to nonservice-connected improved death pension benefits for the years 2004 and 2005 due to excessive income.

The Board has determined that the appellant is not entitled to a higher rate of DIC benefits and her claim must be denied.

The Board has determined that the veteran's terminal interstitial fibrosis was at least as likely as not caused by exposure to herbicide agents during his period of active service in Vietnam, and thus grants service connection for the cause of the veteran's death.

The veteran's residuals of cholecystectomy and appendectomy are currently rated at 10 percent, which is the maximum schedular rating available for these conditions.

The Board denied an increased evaluation for the veteran's shrapnel wound, finding that it did not meet the criteria for a higher rating due to moderate impairment of Muscle Group XII function.

The veteran's claim for payment or reimbursement of private medical expenses is denied as prior authorization was not obtained and the treatment did not meet the criteria for emergency services.

The veteran's claim for a compensable rating for his service-connected status post fracture of the right fifth metacarpal was denied. The VA determined that he is already receiving the maximum benefit allowable.

The veteran's claim for reimbursement of unauthorized medical expenses incurred from May 4, 2004, to May 5, 2004, at Arnot Ogden Medical Center was denied as the claim was filed over 90 days after the treatment and did not meet all requirements under VA regulations.