Other conditions decisions — 2009

The Board has remanded the case for further development, including a VA examination and social and industrial survey to assess the Veteran's employment history and day-to-day functioning. The appeal is now before the Board for de novo review.

The Board previously determined that the Veteran's disability was due to his own willful misconduct. The Court has now remanded the case for further adjudication.

The Veteran's appeal is denied as he had coverage under a health plan (Medicare) that would pay for the emergency care provided by Hamot Medical Center, Medicor Associates Incorporated and Regional Health Services. The Veteran did not meet all of the requirements under 38 C.F.R. § 17.1002.

The Veteran's claim for reimbursement of unauthorized private medical expenses incurred on December 9, 2003 at P. Medical Center is being remanded due to the need for additional development and VCAA notice.

The Board denied the Veteran's claims for higher ratings for his right knee, left elbow, and left knee disabilities. The decision also dismissed his claim for a higher rating for his right elbow disability.

The Board found that none of the Veteran's service-connected disabilities caused or contributed to his death, and thus denied the claim.

The Board denied a higher evaluation for hypoplastic anemia, finding that the Veteran's condition did not meet criteria warranting a rating in excess of 30 percent.

The Veteran's case is being remanded for additional development, including consideration of new evidence submitted by the Veteran.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the severity of his service-connected residuals of injury to the left hand.

The Veteran's service connection claim for a left leg disability, to include degenerative changes in the left hip, is denied as there is no medical evidence of a nexus between his current condition and his military service.

The Board finds that the Veteran does not have a current diagnosis of Reiter's syndrome and there is no evidence linking his symptoms to service. The preponderance of the evidence is against granting service connection for Reiter's syndrome.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran due to a lack of evidence showing that they had established a common law marriage after their divorce.

The Board found no basis to grant the claim for service connection for arthritis of multiple joints (other than the ankle joints) under either direct, presumptive, or secondary service connection theories. The Veteran's arthritis was first diagnosed approximately twenty-six years after his military service ended.

The Veteran's eustachian tube dysfunction is manifested by complaints of occasional dizziness, with no clinical evidence of a cerebellar gait. The Board has determined that the criteria for an initial evaluation in excess of 30 percent have not been met.

The Board has determined that recovery of the overpayment of $16,085.50 would not be against equity and good conscience due to fault on the part of the Veteran in creating the debt.

The Board found that the cause of death (pancreatic cancer) was not incurred or aggravated by service, and may not be presumed to have been so incurred or aggravated. The prescribed treatment for the Veteran's service-connected left knee disability is not considered a contributing factor in causing his pancreatic cancer.

The Board has determined that there is no statutory bar to a waiver of recovery of the overpayment of VA pension benefits in the calculated amount of $32,875. The Veteran's request for a waiver was not barred by fraud, misrepresentation or bad faith.

The Veteran's service-connected residuals of shell fragment wound of the left foot are currently rated at 10 percent, which adequately reflects the moderate disability. The Board finds that an evaluation in excess of 10 percent is not warranted.

The Veteran is seeking an increased rating for his service-connected gastric ulcer, which is currently rated at 40 percent. The case has been remanded due to the failure to issue a Statement of the Case (SOC).

The Veteran's claim for a rating in excess of 50 percent for PTSD with major depression was denied. The claims for service connection for gout and vitiligo were also denied, as the evidence did not support these claims.