Other conditions decisions — 2009

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for cause of death, and that the appellant's spouse did not have qualifying service for nonservice-connected death pension benefits.

The appellant's claim for an extension of the delimiting date beyond December 27, 2006, for DEA benefits was denied as there is no statutory or regulatory provision allowing for such an extension based on the Veteran's need for care.

The Board granted the waiver of recovery of an overpayment of pension benefits in the amount of $21,491.00 due to undue financial hardship and against equity and good conscience.

The Veteran's service-connected hand arthritis did not warrant an evaluation in excess of 10 percent for the right and left hands, index fingers, middle fingers, thumb, ring, and little fingers from July 17, 1997 to November 9, 2007.

The Board denied the Veteran's claim for reimbursement of medical expenses incurred at PRMC on September 4 and 5, 2003, as the treatment was not considered emergent.

The appeal is remanded to the RO for further development and readjudication of the claim.

The Board found that the Veteran's facial injuries did not occur in the line of duty as they were a result of his own willful misconduct, specifically due to intoxication and provocation.

The appeal is remanded for additional development, including a new VA examination to assess the current severity of the Veteran's PTSD.

The Board denied the Veteran's claim for service connection for an eye disability, finding that there was no relationship between the current eye disability and service.

The veteran was granted a rating of 50 percent for residuals of a total right hip replacement, effective March 1, 2007.

The Veteran's initial rating for ulcerative colitis was denied as the evidence did not support a higher evaluation.

The Board denied the Veteran's claim for service connection for a bilateral ear disability, to include otitis externa, as the preponderance of the evidence was against finding a relationship between the current bilateral ear disability and service.

The Veteran withdrew his appeal regarding entitlement to special monthly compensation based on the need for regular aid and attendance or at the housebound rate.

The Veteran's residuals of subluxation of the right TMJ are appropriately evaluated as 10 percent disabling, as there is no evidence to support a higher rating.

The Board denied the Veteran's claim for service connection for a dental disorder, as there was no evidence of a compensable dental condition or eligibility for VA outpatient treatment.

The Board denied the Veteran's claim for service connection for a skin disorder, finding that it would be mere speculation to attribute his condition to exposure during his one year of service in Vietnam rather than post-service sun exposure.

The Veteran's current neck disorder was not related to his military service.

The Board denied service connection for Hodgkin's lymphoma as it was not present during service or manifested within one year of discharge and there is no evidence linking the disease to service.

The case is being remanded to the RO for additional development and consideration in accordance with the Veterans Claims Assistance Act of 2000 (VCAA) and Court directives.

The Board denied the Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for lacerations on his left eyebrow, chin area, and tongue as a result of a fall during a November 2003 VA hospitalization, finding no evidence to support carelessness or negligence by VA in furnishing the hospital care.