Other conditions decisions — 2009

The Board has granted a special apportionment of the Veteran's VA compensation benefits in the monthly amount of $84 on behalf of his spouse and child, D.

The Veteran's claim for an increased evaluation of his left eye retinitis is being held in abeyance pending further development and adjudication of his right eye disability claim. The Board also notes that the Veteran raised a new claim to reopen service connection for right eye blindness, which has not been adjudicated.

The Veteran's claim for service connection for a respiratory disorder, claimed due to asbestos exposure, was denied as there is no evidence of a current disability related to military service.

The Board has denied the veteran's claims for service connection for positive PPD conversion, pericarditis, and residuals of thoracotomy and bullectomy of the upper lobes. The evidence did not establish a link between these conditions and service.

The Board denied the Veteran's claim for service connection for calcification of the lungs, finding that there was no evidence of a current disability resulting from service.

The Board found no evidence of a chronic lung disorder related to service and denied the Veteran's claim for service connection.

The Board finds that the appellant did not meet the requirements for increased disability pension benefits during the income reporting year 2004 due to exclusion of additional unreimbursed medical expenses from countable income.

The Veteran was not in receipt of a permanent and total service-connected disability rating at the time of his death, nor did he die of a service-connected disability. Therefore, the appellant does not meet the eligibility requirements for DEA benefits.

The Board has remanded the case due to inadequate medical examination and in light of a Court decision. The appellant's claim for service connection for a stomach disorder is being reviewed, as it may be determinative of his eligibility for a total rating based on individual unemployability.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Decatur County General Hospital on October 4, 2005 was denied because he did not file his claim within the required 90-day period.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Board after necessary arrangements are made.

The Veteran's claim for service connection for bone loss and tooth loss, including as due to radiation exposure, is being remanded for further development.

The Board denied service connection for residuals of right and left hip replacements, finding that the conditions were not incurred or aggravated by service.

The Board denied the appellant's petition to reopen her claim for DIC benefits based on her husband's death while on active duty, finding that no new and material evidence had been submitted. The original denial was due to the conclusion that the Veteran's death was a result of his own willful misconduct.

The Board has determined that the Veteran does not have a service-connected disability for his left petrous apex lesion and therefore, denied the claim. For his vasovagal presyncope, the Board found no evidence of a current disability warranting an initial compensable rating.

The Veteran's claim for an increased rating for residuals of a fracture of the left clavicle was denied. The Board found that his disability did not warrant a higher evaluation based on limited motion.

The Board found that the overpayment of $4,612.00 was validly created due to the Veteran's daughter and stepson attending school for more years than initially claimed. The Veteran's testimony supported their attendance during the relevant period. As a result, the claim for waiver of the overpayment is granted.

The Board has granted service connection for a blind spot in the right eye as secondary to service-connected diabetes mellitus type II.

The Veteran's short-term memory loss was not incurred during active service, including as due to an undiagnosed illness. The evidence does not support granting service connection.

The Veteran does not currently have a ruptured right eardrum disability, and the evidence does not support service connection for this condition.