Other conditions decisions — 2009

The Board found that the appellant's request for waiver of overpayment in the amount of $2,366 was timely filed. However, the request for waiver of overpayment in the amount of $12,347 was not timely filed.

The Veteran's claim for payment of unauthorized medical expenses incurred from September 1 to September 2, 2007 was denied because the treatment did not meet the criteria for emergency services and VA facilities were feasibly available.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Sand Lake Hospital on April 29, 2004 was denied because a VA facility was feasibly available to treat his swollen hand.

The Veteran's claim for payment or reimbursement of unauthorized emergency treatment was denied because the claim was not filed within 90 days after the ambulance transportation and discharge from the facility.

The Board denied the Veteran's claim for service connection for a left leg disability, finding that there was no evidence of an in-service injury or disease and no current diagnosis related to his military service.

The Board has remanded the case to the RO for further examination and consideration of the Veteran's claim for service connection for left leg venous insufficiency, including as secondary to his service-connected right leg disability. The Veteran is also seeking an increased rating for Coumadin side effects on his left leg.

The Board has granted service connection for the Veteran's acquired psychiatric disorder, diagnosed as schizoaffective disorder depressed, and assigned a 40 percent rating. The initial rating of 40 percent is maintained.

The Board has remanded the case due to the need for a VA examination and opinion regarding the nature and etiology of the Veteran's right foot disorder, which may be related to his in-service injury.

The Veteran's hiatal hernia was rated at 10 percent prior to September 8, 2008 and denied a higher rating. As of September 8, 2008, the Veteran's condition warranted a 30 percent disability rating.

The Board has granted service connection for residuals of a head injury, including essential tremor. The issue of entitlement to TDIU is being remanded.

The Board found that the Veteran's death was not caused by a service-connected disability, and specifically ruled out his presumed exposure to herbicides as a cause of his cholangiocarcinoma. The claim for service connection for the cause of death is therefore denied.

The Veteran's claims for service connection for stress fractures of the right second metatarsal bone and bilateral femurs were denied as there is no medical evidence supporting these conditions.

The Board finds that the Veteran's neurogenic bladder is not related to service, secondary to his service-connected diabetes mellitus, or due to Agent Orange exposure. Therefore, the claim for service connection is denied.

The Board has remanded the case for further development and adjudication on whether service connection should be granted for an abdominal disorder.

The Board found no evidence of a current residual shrapnel injury in the Veteran's right hand, and denied service connection for residuals of shrapnel injuries to his left hand and back.

The Board has determined that the appellant's face, jaw, and collarbone injuries are not related to his military service, including any period of active duty for training (ACDUTRA) or inactive duty training. As a result, the claim for service connection is denied.

The Veteran's service-connected recurrent uveitis has been rated at 10 percent since September 8, 2000. The Board finds that the evidence does not support a higher rating for this condition.

The Veteran's claim for service connection for a neck disorder is being remanded due to the need for additional medical review and examination.

The Veteran's skin disorder is not service-connected, and his service-connected left knee disability does not preclude him from securing and following a substantially gainful occupation.

The Veteran's right chest contusion, which did not involve removal of a rib or resection of two or more ribs without regeneration, produces a disability picture approximating that of a superficial scar that is painful on examination. The Board has determined that the Veteran is entitled to a 10 percent rating for his right chest contusion.