Other conditions decisions — 2009

The Board dismissed the claim of service connection for the cause of the Veteran's death and denied the claim for non-service connected death pension benefits due to excessive yearly income.

The Board found that the Veteran's benign prostatic hypertrophy (BPH) is not service connected, as there was no evidence linking it to his military service or presumed exposure to herbicide agents. The claim for BPH was denied.

The Board has determined that the appellant does not meet the criteria for VA death pension benefits as a surviving spouse due to her remarriage after the Veteran's death.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for service connection for a lymph gland infection of the throat.

The Veteran's appeal is being remanded to the RO for further development of his claim, including obtaining clinical findings on examination and any additional medical records.

The Board found that the Veteran's overpayment of $40,747.33 was properly created due to his incarceration for a felony conviction and denied his claim for waiver of recovery.

The Board has found new and material evidence to reopen the claim of service connection for flu-like symptoms as secondary to a service-connected delusional disorder, NOS and obsessive compulsive disorder with depression due to anxiety. The Veteran's flu-like symptoms are now considered part of his service-connected psychiatric disability.

The Veteran's claim for reimbursement of unauthorized medical expenses at Lewis County General Hospital was denied due to untimely filing. The case is being remanded to obtain additional information regarding whether Medicare paid the medical expenses and if so, when the Veteran finally exhausted action to obtain payment or reimbursement from Medicare.

The Veteran's hospitalization for ischemic heart disease and myocardial infarction did not result in additional disability, and the Board denies his claims for VA compensation under 38 U.S.C.A. § 1151 and temporary total ratings.

The Veteran's gallbladder disorder was not incurred during his active service or reserve duty, and the Board finds no evidence to support a finding of service connection.

The Veteran's service-connected intervertebral disc syndrome is currently rated at 20 percent, which reflects a moderate disability level with recurring attacks of pain and muscle spasm.

The Veteran withdrew his appeal for payment or reimbursement of unauthorized medical expenses incurred on July 5, 2003 at Vacavalley Hospital. The Board has dismissed the appeal.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining outstanding treatment records.

The Veteran is entitled to recover $632 of the overpayment of VA compensation benefits due to improper withholding, but not the full amount of $2,366 as this was properly created.

The VA denied an evaluation in excess of 10 percent for the residuals of a shell fragment wound of the left little finger, finding that the condition is currently manifested by occasional tenderness and numbness without more significant disability.

The Board has determined that the Veteran does not have current disabilities related to shell fragment wounds in his right upper extremity or left lower extremity, and therefore service connection for these conditions is denied.

The Veteran's claim for a higher rating for panic disorder was denied as he failed to report for the required VA examination without good cause.

The Veteran's initial claim for service connection was denied prior to January 13, 2009. From that date forward, his disability has not been rated higher than 60 percent.

The Board denied the Veteran's claim for an increased disability rating for his service-connected bilateral tibia disability, finding that the evidence did not show exceptional or unusual circumstances warranting referral for extraschedular consideration.

The Board denied the Veteran's claim of service connection for a chronic sinus disorder, finding that there was no evidence of such condition during service and no relationship to his active duty.