Other conditions decisions — 2009

The Board found that the Veteran knowingly made false or fraudulent statements concerning a claim for benefits, leading to the proper declaration of forfeiture of VA benefits and denial of waiver of recovery of indebtedness.

The Board denied the Veteran's claim for service connection for phimosis, finding that there was no evidence to support a direct or secondary relationship between his condition and his active duty service.

The appeal was dismissed due to the Veteran's death during the pendency of the appeal.

The appeal to reopen a claim for nonservice-connected death pension was denied as new and material evidence was not received.

The veteran's claim for an increased rating for residuals of a shrapnel wound to the prostate gland is being remanded for further examination.

The Veteran's residuals of right foot surgery are not entitled to a compensable evaluation as the evidence does not support moderate or greater impairment.

The appeal for an earlier effective date prior to July 4, 2001, for the award of a TDIU was dismissed as it is not legally permissible.

The appellant did not have the requisite service to qualify for VA benefits.

The Board found that the evidence did not support a rating in excess of 10 percent for right and left patellofemoral syndrome.

The Board determined that the veteran did not suffer an additional disability as a result of VA's failure to diagnose and treat avascular necrosis of the right hip.

The Board remands the issues of entitlement to service connection for the residuals of a broken nose and the residuals of a detached retina, as additional development is necessary.

The appeal was granted, and the case is dismissed.

The Board remands the claims for reimbursement or payment of unauthorized medical expenses to the Department of Veterans Affairs Medical Center (VAMC) for additional development, including obtaining a VA opinion on whether there was a medical emergency during either hospitalization in question.

The Board denied the appellant's claim for payment or reimbursement of private medical expenses incurred in May 2006, as the treatment was not for a condition of such a nature that delay would have been hazardous to life or health.

The Veteran does not have residuals of an allergic reaction to seafood attributable to his active military service.

The Board found that the evidence did not support a connection between the Veteran's service and his cause of death, chronic congestive heart failure due to dilated cardiomyopathy.

The Board found that the RO improperly terminated the Veteran's VA compensation benefits for the period extending from December 27, 2001 to July 31, 2004, resulting in an overpayment of $72,205.93, and granted a waiver of recovery of this overpayment.

The Board denied service connection for a digestive disorder as there was no evidence showing the condition had its onset during active service or is related to any in-service injury, event, or disease.

The appeal is remanded for additional development, including a medical examination to determine the etiology of the veteran's claimed sleep disorder.

The evidence does not reasonably show that prior to October 7, 1996, the veteran's restrictive pulmonary disease was productive of paroxysms of asthmatic breathing.