Other conditions decisions — 2009

The Board has determined that the Veteran's deviated septum was incurred during active service and granted service connection for this condition.

The Veteran's claim for an increased rating for binasal pingueculae is being remanded due to the need for another VA examination and the provision of Vazquez-Flores notice.

The Board has determined that the overpayment of $671.88 in Montgomery GI Bill (MGIB) benefits was validly created due to the Veteran's failure to attend school as required by VA regulations.

The Veteran's medical expenses incurred at Eastern Maine Medical Center were found to be eligible for reimbursement due to the emergency nature of his treatment, which was necessary to address a condition that posed serious health risks. The costs associated with his care in New Brunswick, Canada, are denied as they did not meet the criteria for reimbursement.

The Board denied an increased evaluation for anisometropic amblyopia right eye, finding that the current 0 percent rating is correct as it reflects only the degree of disability over and above the pre-service disability.

The Board has granted a 60 percent rating for the service-connected residuals of a subtotal gastrectomy for duodenal ulcer disease, effective from the date of the appeal.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for residuals of a neck injury, and thus the claim is denied.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on June 19, 2006 due to lack of evidence that the treatment was necessary and timely in an emergency situation.

The Veteran's claim for benefits under 38 U.S.C.A. ¶ 1151 is remanded to allow the VA to obtain a medical opinion regarding whether his June and July 2000 treatment caused or aggravated his pulmonary embolism, and if so, whether it was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part. The Veteran's claim for an increased rating for arthritis of the right shoulder is also remanded for a new examination.

The Board has determined that there is no evidence to support a finding of an etiological relationship between the Veteran's currently diagnosed genitourinary disability, including chronic prostatitis and benign prostatic hypertrophy, and his active service. As such, the claim for service connection is denied.

The Board has determined that the veteran's bilateral foot and leg disorder is not compensable under 38 U.S.C.A. § 1151 due to lack of evidence showing it was caused by carelessness, negligence, or similar instance of fault on the part of VA medical personnel.

The Veteran seeks service connection for bone deterioration, muscle wasting, and nerve damage as a result of ionizing radiation exposure. The Board has remanded the case due to incomplete development.

The Board found that the VA treatment to the right eye did not cause or aggravate left eye blindness, and denied the claim for compensation under 38 U.S.C.A. § 1151.

The Board has reopened the claim for recognition as the Veteran's surviving spouse, but finds that she is not entitled to such status due to her separation from the Veteran without his fault and her continued cohabitation with another man.

The Veteran's claim for a waiver of recovery of an overpayment of VA nonservice-connected pension benefits was denied because he pled guilty to VA pension fraud, which precludes waiver.

The Board has determined that there is no current evidence of a left arm or elbow disability related to the Veteran's active service, and thus denied the claim for service connection.

The Board found that the Veteran's cause of death was not related to his service, specifically Agent Orange exposure. The medical evidence did not support a connection between the Veteran's squamous cell carcinoma and his service-connected conditions or his exposure to Agent Orange.

The Veteran's claim for increased ratings for his thoracic spine disability was denied. The Board found that the evidence did not support a higher evaluation prior to September 26, 2003 or since September 26, 2003.

The Board found no evidence linking the Veteran's bunions to her military service and denied her claim.

The Veteran does not have a current respiratory disorder that is related to his service. His claim for service connection has been denied.