Other conditions decisions — 2009

The Board denied the waiver of recovery of an overpayment of VA improved pension benefits in the amount of $210, finding that it was not against equity and good conscience to recover the debt.

The Veteran's claim for an increased evaluation in excess of 30 percent for his service-connected residuals from rheumatic fever, previously rated as synovitis of the left knee is being remanded due to the need for additional development and notice.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for DIC purposes in October 1978. The current decision is to determine if new and material evidence has been submitted since that time.

The Veteran's claim for an increased rating for residuals of s/p circumcision was denied as the current symptoms do not meet the criteria for a higher rating. The claim for service connection for anxiety disorder secondary to residuals of s/p circumcision was also denied due to lack of new and material evidence.

The Board granted service connection for the Veteran's bilateral flat foot condition and assigned a noncompensable evaluation, effective August 10, 2006. The claim for service connection for multilevel degenerative changes of the cervical spine was denied.

The Board found that the Veteran's service-connected conditions did not cause or contribute to his death from aspiration pneumonia. The Board also determined that there was no evidence linking his squamous cell carcinoma, which caused his death, to active duty service.

The Board has remanded the case for a personal hearing before a Veterans Law Judge (VLJ) sitting in Manila, Philippines. The appellant is informed of her right to have a videoconference hearing as an alternative.

The Board denied the Veteran's claim for service connection for a dental disorder, finding no evidence of an in-service trauma or current disability that is associated with his service-connected condition.

The Board has determined that the appellant's claim for nonservice-connected death pension benefits was received on May 19, 2006. The RO granted her claim in October 2007 with an effective date of June 19, 2007. However, the Board found that the original May 2006 claim should have been considered for an earlier effective date based on when she filed it and not when the decision was made.

The Board has granted the Veteran's request to reopen his claim of service connection for Sydenham's chorea and has also granted him service connection for a history of rheumatic fever with ongoing symptoms. The decision is based on the presumption that these conditions were incurred in service.

The Veteran's claim for a certificate of eligibility for assistance in acquiring specially adapted housing or a special home adaptation grant is being remanded due to the need for further development, including an examination to determine if his service-connected disabilities meet the criteria set forth.

The Board has remanded the case for further development due to inadequate compliance with previous remand directives.

The Veteran's appeal has been dismissed due to his death.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital from April 8, 2006 to April 11, 2006 is being remanded due to the need to determine if VA facilities were feasibly available and reasonable to use before seeking treatment elsewhere.

The Board has determined that the Veteran had a right inguinal hernia in service and there is evidence of post-service continuity of right inguinal hernia symptomatology. The claim for service connection for right inguinal hernia is granted.

The Board has reopened the appellant's claim for basic eligibility to VA benefits, but denied the claim due to lack of service in the U.S. Armed Forces.

The Veteran's claim is being remanded for further development, including scheduling a VA examination and obtaining additional medical records to clarify the diagnosis of his claimed condition.

The Veteran's left hip fracture residuals are currently rated at 10 percent, which is the minimum compensable rating. The Board found that his symptoms do not warrant a higher rating based on current evidence.

The Veteran's claim for a rating in excess of 30 percent for residuals of shell fragment wound of the left thigh has been granted, and he is now rated at 40 percent effective from July 8, 2004.

The Board found that the Veteran's service-connected lipomas of the scrotum did not meet the criteria for a compensable initial rating prior to August 30, 2002.