Other conditions decisions — 2009

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on November 16, 2007 at Erie County Medical Center was denied because the treatment was not authorized in advance and did not meet the criteria under 38 U.S.C.A. § 1703 or The Veterans Millennium Health Care and Benefits Act.

The Veteran's massage therapy was authorized for treatment of his service-connected right shoulder and back disorders, which the VA deemed reasonable and necessary. The claim is granted.

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting a waiver for the original amount of $930 in VA improved pension benefits.

The Board denied a compensable rating for the Veteran's injury to Muscle Group XVII as a result of a gunshot wound to the buttocks.

The Board found that the appellant's discharge from his sole enlistment was issued under dishonorable conditions due to willful and persistent misconduct, including drug abuse. As a result, he is barred from receiving VA benefits except for health care.

The Veteran's appeal for higher ratings for his service-connected peripheral vascular disease of the right and left lower extremities was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 40 percent for the right leg or for an initial compensable rating for the left leg prior to July 31, 2008.

The Veteran died in July 2004 and at the time of his death, there was no evidence of esophageal or stomach cancer. The Board denied service connection for esophageal and stomach cancer as it did not become manifest to a degree of 10 percent within one year after the last date on which he was exposed to an herbicide agent during active military service.

The appellant was not recognized as the Veteran's surviving spouse for VA death benefits purposes due to a lack of legal recognition under Philippine law, despite living together continuously from June 2001.

The Board found that the Veteran's death was not caused by any service-connected disability, and there is no evidence linking his death to radiation exposure during service. The cause of death was listed as cardiac arrhythmia with underlying causes including cerebrovascular accident, arteriosclerotic vessel disease, and urinary tract infection.

The Board has denied the Veteran's claims for service connection for a low back disorder and secondary service connection for bleeding ulcers as they are not related to his military service.

The Veteran's claim for a higher initial rating for residuals of a right foot fracture was denied by the Board. The RO initially granted service connection and assigned a noncompensable rating, which was later increased to 20 percent effective May 3, 2007.

The Veteran's skin disorder was not incurred in or aggravated by his active duty service, and it is not related to military service. The Board finds that the preponderance of evidence is against the claim for service connection.

The Board denied the claim for service connection for cause of death, finding that there was no evidence linking the Veteran's Hodgkin's disease to his active service.

The Board found that the appellant's discharge under other than honorable conditions due to an AWOL period of at least 180 days precludes him from receiving VA benefits, as there is no evidence showing he was insane at the time or compelling circumstances warranting his prolonged absence.

The Board found that the Veteran's memory loss did not occur during service or as a result of any disease or injury sustained in service, and thus denied his claim for service connection.

The Board has remanded the case due to the need for further verification of the Veteran's POW status and a clarification of the cause of death, as well as additional development regarding service connection.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. Service connection claims related to squamous cell carcinoma of the left base of the tongue, damage to the saliva glands, and damage to the taste buds are pending.

The Board has denied the claim for service connection for the cause of the Veteran's death.

The Board denied the petition to reopen the claim of whether the character of the appellant's discharge constitutes a bar to VA benefits, finding no new and material evidence.

The Veteran's service-connected facial scar and shell fragment wound of the neck with partial aphonia are currently rated at 10 percent. The Board found that the evidence did not support a higher rating for either condition.