Other conditions decisions — 2008

The Board denied the appellant's claims for dependency and indemnity compensation, death pension benefits, and accrued benefits due to her divorce from the veteran.

The Board has ordered additional development to determine whether the veteran had underlying heart disease at the time of his death, which is required for service connection.

The Board found that the offset of $100,000 against DIC benefits was proper due to a settlement under the Federal Tort Claims Act. The overpayment of DIC benefits in the calculated amount of $7,231.00 is valid and will be addressed as part of the waiver application process.

The veteran's claim for payment or reimbursement of unauthorized medical services provided by the Rochester General Hospital from October 3, 2005 to October 5, 2005 was not received within 90 days of discharge and therefore cannot be processed.

The Board has determined that the veteran's service-connected numbness of the fourth and fifth fingers, right hand, is rated at 10 percent under Diagnostic Code 8516 (ulnar nerve) due to mild incomplete paralysis. The service connection for degenerative joint disease, right elbow, was also granted.

The Board has determined that the veteran is entitled to a 10 percent rating for his right long finger disability, which reflects limitation of motion in the distal interphalangeal joint.

The Board has granted service connection for residuals of collapsed bilateral lungs and assigned a noncompensable (0 percent) disability rating effective March 15, 2006. The veteran's chest scars are also rated as noncompensable (0 percent).

The veteran's unauthorized medical expenses for ambulance services resulting from emergency treatment are granted as the Board finds that he was not stable at the time of transfer, which is a requirement for reimbursement.

The claim for payment or reimbursement of emergency services provided by a non-VA hospital from January 26, 2006 to February 5, 2006 is being remanded due to the need for additional information and review.

The Board has determined that the appellant is shown to need regular aid and attendance of another due to her balance problems, which limits her ability to move about her home. As a result, special monthly death pension benefits at the 50% rate are granted.

The Board has granted a 20 percent disability rating for prostatitis with atrophic prostate as of June 22, 2007. The veteran's condition met the criteria for this rating based on urinary frequency.

The veteran's appeal for an increased evaluation for his bilateral defective hearing has been dismissed as he withdrew his appeal.

The Board has denied the veteran's claim for service connection for post traumatic stress disorder (PTSD) as there is no persuasive diagnosis of PTSD in accordance with DSM-IV criteria.

The Board found that the veteran's low back disorder is not related to his active military service and denied his claim for service connection.

The veteran's appeal regarding the August 2000 rating decision finding him not competent to handle VA funds was remanded due to procedural defects in issuing a statement of the case.

The Board denied the veteran's claims for an increased rating for mycotic nail of the left great toe, service connection for bilateral foot ulcers, and service connection for right toenail disorder. The conditions were primarily manifested by onychomycosis and hypertrophic nail, with no evidence supporting a grant of service connection.

The veteran's appeal has been withdrawn, and the rating decision remains as is.

The Board found no current right leg and thigh disorder related to the veteran's period of active service, thus denying his claim for service connection.

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the veteran's claims for service connection for a skin disorder and squamous cell carcinoma of the tongue.

The Board has remanded the case due to insufficient medical evidence to decide the claim and for further development, including a VA dermatological examination.