Other conditions decisions — 2009

The Veteran's claims for increased ratings for residuals of shell fragment wounds to the right deltoid and right medial tibia were denied. The request to reopen a claim for service connection for a right eye disorder was also denied.

The Board denied the Veteran's claim for service connection for residuals of a burn of the left leg, finding that no new and material evidence had been submitted to reopen the claim. The Veteran's pre-existing condition was found not to be aggravated by active service.

The Veteran's request for a waiver of overpayment of VA compensation benefits was denied as the fault in creating the debt greatly outweighs any fault attributable to VA, and repayment would not result in undue hardship or unjust enrichment.

The Veteran's appeal is remanded due to the need for additional development, including obtaining Social Security Administration records and providing a VA examination.

The Board has remanded the case due to scheduling issues for a video conference hearing. The Veteran's claims for service connection remain pending.

The Board denied the appellant's claim for basic eligibility for Department of Veterans Affairs death benefits because her deceased husband had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has remanded the case for further development, including verification of service records and clarification on VA hospital availability during Memorial Day weekend.

The Veteran's claim for reimbursement of non-VA prescriptions filled between January 2003 and December 2003 was denied as the evidence did not show that the medications were needed due to an emergent condition or unavailable from VA.

The Board denied service connection for residuals of a right ear shrapnel injury, finding no evidence of such an injury in service and no link to active military service.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has determined that the appellant's service-connected right hand disability is the cause of her RSD in the right upper extremity, and thus grants secondary service connection for RSD.

The Veteran's appeal is being remanded for additional development, including a new examination and consideration of whether separate ratings are warranted.

The Veteran's duodenal ulcer disease is not manifested by moderately severe ulcers with impairment of health, and the Board finds no evidence to support a higher rating. The claim for an increased disability rating for duodenal ulcer disease is denied.

The Board has denied the appellant's claims for a burial allowance and death pension benefits due to her failure to file within two years of the Veteran's permanent burial. The claim for death pension benefits is remanded for issuance of a Statement of the Case.

The Veteran's appeal is being remanded to the RO for a VA examination and proper notice under Vazquez-Flores v. Peake, 22 Vet. App. 37 (2008). The case will be returned to the Board for further appellate consideration if needed.

The Veteran is granted an annual clothing allowance due to the use of topical ointments for his service-connected retroperitoneal fibrosis, which causes irreparable damage to his outer garments.

The Board denied service connection for nosebleeds and determined that new and material evidence had not been obtained to reopen the previously denied claim of entitlement to service connection for a stomach and groin disability.

The Board has granted service connection for loss of taste and loss of smell disorders, finding that these conditions are related to a service-connected disability.

The Veteran's claims for service connection and increased rating remain pending. The case is being remanded to the RO for additional development, including obtaining a VA gastroenterology opinion.

The Veteran's service-connected residuals of an old healed skull fracture do not meet the criteria for a higher disability evaluation.