Other conditions decisions — 2008

The Board has remanded the case due to a need for additional development, including providing notice under 38 U.S.C.A. § 5103(a) and obtaining a VA examination to determine whether ulcerative colitis was aggravated in service.

The veteran's spouse received an apportionment of the veteran's disability compensation benefits from August 2001 until their divorce in December 2004. The appeal is dismissed as there are no allegations of specific error of fact or law.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred with private medical providers from October 26, 2004 to December 5, 2004 is denied. The criteria for reimbursement under the provisions of 38 U.S.C.A. § 1725 and its implementing regulations are not met.

The Board denied an increased rating for the service-connected residuals of a shell fragment wound of the left groin with fibromyositis and retained foreign body, but granted a separate 10 percent rating on the basis that the disability picture includes manifestations more closely approximating an unstable superficial scar.

The Board denied the veteran's claim of service connection for defective hearing in the right ear, finding no evidence of a current disability related to service.

The February 1972 rating decision was found to have made clear and unmistakable errors in failing to separately rate the veteran's chest shrapnel wounds and right leg scar.,The veteran's chest injuries were granted service connection, but not rated. The right leg scar was appropriately rated.

The Board denied the appellant's claim for an increased amount of accrued benefits, finding that he is not eligible due to his age and lack of other qualifying criteria.

The Board found that the veteran's death was not caused by or substantially contributed to by a service-connected disability. The appellant did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318, and her eligibility for Dependent's Educational Assistance (DEA) was denied due to lack of a permanent total service-connected disability at the time of his death.

The Board denied the veteran's claim for service connection for adenocarcinoma of the colon, finding that there was no evidence showing it had its onset during active service or was related to any in-service disease or injury. The opinion from a VA gastroenterology specialist concluded that the veteran's colorectal cancer cannot be considered to be related to Agent Orange exposure.

The veteran's claim for service connection for lymphoma due to herbicide exposure is denied as there is no current diagnosis of lymphoma and the evidence does not support a finding that she was exposed to an herbicide agent during her active duty in Vietnam.

The Board finds that the veteran's death was caused by a disease presumed to be incurred in service due to his status as a former prisoner of war, and grants service connection for cause of death.

The veteran's service-connected right and left knee chrondromalacia patella are currently rated at 10 percent each, while his GERD is rated at 10 percent. The Board denied all increased evaluation claims as the evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board found that cataract of the left eye was not incurred in or related to service and is not proximately due to a service-connected disease or injury. The claim for service connection was denied.

The Board denied the veteran's request for a waiver of overpayment of VA compensation benefits for his dependent spouse, finding that recovery would not be against equity and good conscience due to the fault of the debtor (the veteran) in failing to notify VA of his divorce.

The veteran's service does not meet the requirements for nonservice-connected pension benefits due to a lack of wartime service and no service-connected disability.

The Board denied the veteran's claim for service connection for residuals of a head injury, finding no evidence of an in-service head injury and insufficient medical evidence linking current symptoms to military service.

The Board has determined that the evidence submitted since the May 1990 rating decision does not constitute new and material evidence to reopen the veteran's claim for service connection for a bilateral leg disability.

The Board has determined that the veteran's residuals of pulmonary emboli and bilateral DVT of the lower extremity are proximately due to or the result of his service-connected ulcerative colitis, and thus grants service connection for these conditions.

The veteran withdrew her appeal to reopen a previously denied claim for service connection for arthritis of both knees.

The Board denied the veteran's claim for service connection for colon cancer due to exposure to carbon tetrachloride, finding that there was no nexus between the veteran's colon cancer and service. The only probative medical opinion indicated that there was no such link.