Other conditions decisions — 2009

The Veteran's claims for increased evaluations of his service-connected disabilities have been denied. The Board found that the residuals of the fractured fingers on the left hand with traumatic arthritis do not warrant a rating in excess of 20 percent.

The Board has determined that the Veteran's back/spine disability was not incurred in or aggravated by active duty and service connection for this condition is denied.

The VA Committee denied the Veteran's request for a waiver of overpayment of pension benefits in the amount of $39,831.00 due to misrepresentation.

The Board has determined that the appellant's net worth is excessive for receipt of VA non-service-connected death pension benefits, and thus her claim must be denied.

The Veteran's chondromalacia of the right patella was granted a 10 percent rating effective January 20, 2009.

The Board finds that the Veteran is not entitled to service connection for a dental disorder due to lack of specific trauma during active service and because his teeth were removed before 180 days of active service. The Veteran does not meet eligibility requirements for additional outpatient dental treatment.

The Board found that dental trauma was neither incurred in nor aggravated by service and denied the Veteran's claim for service connection.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on December 11, 2006 at Memorial Health Center due to a lack of evidence showing that seeking immediate medical attention would have been hazardous to life or health.

The Veteran's claim for reimbursement of unauthorized medical expenses is denied as he did not meet the criteria for reimbursement under VA regulations.

The veteran's appeal regarding the creation of an overpayment of educational assistance benefits is being remanded due to a failure to schedule a hearing as requested.

The Board has remanded the case due to inadequate notice and assistance regarding VA's inability to obtain records, particularly those related to asbestos exposure during service. The claims for service connection for cause of death and DEA are being returned to the agency of original jurisdiction (AOJ) for further development.

The Veteran's service-connected right tarsal navicular fracture is currently rated at 10 percent, and the Board found that it did not meet the criteria for a higher rating.

The Board has determined that the Veteran's current respiratory disorders were not present during her active service and are not etiologically related to service. Therefore, she is denied service connection for a chronic respiratory disability.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the current severity of his cephalgia.

The Veteran is seeking reimbursement for unauthorized medical expenses incurred from October 20, 2005 to October 26, 2005. The case has been remanded due to the need to determine if a VA facility was feasibly available to treat him once he stabilized.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Methodist Hospital North in Memphis, Tennessee from July 22 to July 28, 2007 is granted due to the availability of emergency treatment and the presence of a medical emergency.

The Veteran's post-traumatic left chest pain has been evaluated as a slight disability and does not meet the criteria for an initial compensable rating.

The Board has remanded the case due to the appellant's request for a hearing, and the claim is not related to service connection issues.

The Veteran's colon polyps were not incurred in or aggravated by service and the claim is denied.