Other conditions decisions — 2009

The Board has granted the Veteran's application to reopen his claim for service connection for residuals of a head injury, but the underlying issue of entitlement to service connection is addressed in the remand below.

The Veteran's claims for service connection for a skin disorder and loss of sense of smell, both potentially related to Agent Orange exposure, are being remanded due to incomplete records and the need for further medical examinations.

The Board has granted service connection for a right hip disability and an initial noncompensable rating for bilateral hallux valgus with bunion and right heel spur. The Veteran's current right hip disability is found to be related to his military service, while the initial noncompensable rating for the foot condition is upheld as appropriate given its current level of severity.

The Board has determined that additional development of the evidence is required in order to fairly and accurately adjudicate the Veteran's claims for service connection, increased ratings for bronchial asthma, and sub-retinal hemorrhage, left eye.

The Veteran's claim for an increased rating for his lower back strain and degenerative spur L4 is being remanded due to the need for a more recent medical examination, as well as the need to obtain Social Security Administration records.

The Veteran's petition to reopen the claim of service connection for a perforated eardrum with discharge has been granted. However, his request for an increased evaluation in excess of 10 percent for tinnitus is denied as the highest available rating under applicable regulations is 10 percent.

The Veteran's appeal is being remanded to determine the validity of the overpayment creation and any other issues related to his pension benefits.

The Board denied the Veteran's request for a waiver of recovery of overpayment in the amount of $13,407.60 due to fault on his part and lack of undue hardship.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her income exceeding the maximum allowable limit.

The Veteran's death was caused by a service-connected condition, but the appellant did not file a claim for service connection for the cause of death prior to January 15, 1988. The Board denied an earlier effective date.,The burial allowance in excess of $1100.00 is denied as the maximum rate available was $1100.

The Board has determined that the Veteran's claim should be remanded for further development, including obtaining documentation of attempts to obtain VA authorization and considering the amended laws regarding payment or reimbursement for unauthorized medical treatment.

The Board denied the appellant's claims for special monthly pension based on need for aid and attendance or being housebound, as well as her claim for non-service-connected death pension due to her income exceeding the maximum annual pension rate.

The Veteran seeks a higher rating for his fractured L1-L5 and lower back problems. The case is being remanded to obtain updated VA treatment records, arrange for an examination, and determine the current nature, extent, and severity of his condition.

The Board is remanding the case for further development to determine if the Veteran was awarded Social Security disability benefits and for the agency to provide relevant medical records.

The Veteran's claims for service connection for a left ear disorder and right foot disorder as secondary to his service-connected disability, as well as the claim for an increased rating for his sciatic nerve condition, were denied. The appellant also did not meet the criteria for a TDIU based on her husband's service-connected disabilities.

The Veteran's income for the annual year commencing February 7, 2007, is excessive for VA improved pension benefits.

The Board has determined that further development is required to accurately calculate the Veteran's countable income for improved pension benefits, as his current calculation of $4,380 does not reflect the fair value of the rent he receives in exchange for providing maintenance and horse care.

The Veteran's claim for service connection for alcoholism has no legal merit and is denied.

The Veteran is seeking reimbursement for unauthorized private dental services rendered in May and June 2005. The case must be remanded to obtain additional medical records, review the issue with a Veterans Law Judge, and consider the claim.

The Board has determined that the appellant did not file a timely Substantive Appeal with respect to the RO's denial of service connection for various disorders, and thus the appeal is dismissed.