Other conditions decisions — 2009

The Board has ordered the VA to obtain additional medical records related to the Veteran's asbestos exposure and lung disease. The case will be remanded for further review after these records are obtained.

The Veteran's service-connected ankylosing spondylitis results in some industrial impairment, but does not meet the criteria for a higher disability rating. Service connection is granted for tinnitus incurred during active service, and denied for bilateral hearing loss.

The Board denied the appellant's claim as she is not recognized as the surviving spouse of the Veteran for VA death benefits purposes.

The Veteran's emergency medical services provided by UCLA Healthcare were deemed eligible for payment under the Veterans Millennium Health Care and Benefits Act due to the nature of his condition (heart attack) requiring immediate attention.

The Veteran's claim for an increased rating for his service-connected stress fractures, tibial shaft and navicular bone of the right lower extremity was denied. The reduction from a 10 percent to a noncompensable rating effective December 1, 2007, was also denied as proper procedures were followed.

The Board has determined that the appellant does not have legal entitlement to DIC, non-service-connected death pension, and/or accrued benefits due to forfeiture of VA benefits by the Veteran.

The Veteran's residuals, left foot injury are found to more closely approximate a severe foot injury, warranting a rating of 30 percent.

The Veteran's unauthorized medical expenses incurred for an itchy skin rash were denied as the condition did not meet the criteria for reimbursement under VA regulations.

The Board denied the Veteran's claims for payment or reimbursement of unauthorized medical expenses incurred at non-VA facilities from February 27, 2007 to March 2, 2007 and on March 15, 2007 and March 16, 2007 due to lack of enrollment in the VA health care system and failure to meet other criteria for reimbursement.

The Board found that the Veteran's cardiovascular disease, to include bilateral carotid artery disease, was not incurred in or aggravated by active service and is not related to any service-connected disability.

The Board found that the March 1980 rating decision denying service connection for a nervous condition is not clearly and unmistakably erroneous. The appellant's claim was denied due to his personality disorder, which cannot be service-connected as a matter of law.

The Board found that the overpayment of VA educational assistance benefits was valid and denied a waiver for recovery.

The Veteran's claims for initial compensable ratings for service-connected status post repair of left retinal detachment and bilateral cataracts were denied as the conditions do not meet the criteria for a compensable rating under VA disability evaluation guidelines.

The Veteran does not have a residual disability, including anosmia, as a result of an adverse reaction to Penicillin during service. The Board finds that anosmia is not related to his military service.

The Board has granted restoration of the appellant's nonservice-connected death pension benefits for the period from August [redacted], 1981, to August [redacted], 1982. The Board also found that an increase in the rate of pension benefits is not warranted.

The Board found that the Veteran's death was not caused by a service-connected condition, and thus denied the claim for service connection for cause of death.

The Board has decided to reopen the Veteran's claim for service connection for a psychiatric disorder, including psychosis. The decision is pending further development and review.

The Veteran's service-connected status post cataract surgery on both eyes is not manifested by the required visual acuity to warrant a higher rating, and therefore his claim for an increased rating is denied.

The Veteran's service does not qualify for nonservice-connected pension benefits due to lack of active duty during a period of war.

The Board has determined that the appellant's left leg and foot disabilities are due to arterial occlusion, which is not related to service or any incident of service, including frostbite. As such, the claim for service connection is denied.