Other conditions decisions — 2009

The Board has determined that the Veteran's lung disorder is not attributable to service, as there was no documented asbestos exposure during his military service. The claim is denied.

The Board found that the Veteran's left elbow disability existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board has determined that the Veteran's DVT in his right lower extremity is proximately due to or the result of a service-connected disability (right knee strain). Therefore, the claim for secondary service connection for DVT in the right lower extremity is granted.

The Veteran's request to reduce his VA disability pension from $1,359 per month to $90 per month was denied because he is married and thus ineligible for the reduced rate under VA regulations.

The Board found that the Veteran's tonsillar cancer is not related to his military service, including inservice exposure to herbicide agents or asbestos. The claim for service connection was denied.

The Board has determined that the Veteran's colon cancer is not related to his military service, including as due to exposure to herbicides (Agent Orange). As such, service connection for this condition is denied.

The Veteran's spouse was not granted an extension of the delimiting date for Dependents' Educational Assistance (DEA) benefits beyond January 14, 2008 due to her marriage being outside the eligibility period.

The Board has determined that the Veteran's current diagnosis of pulmonary fibrosis is due to in-service asbestos exposure, and thus grants service connection for this condition.

The Veteran received emergency dental treatment at Faith Dental Care from June 11, 2007 to August 24, 2007 due to a tooth infection. The treatment was provided in an emergent situation where delay would have been hazardous to his health and no VA facilities were feasibly available. As the criteria for reimbursement under 38 U.S.C.A. § 1728 were met, payment is granted.

The Veteran's claim for reimbursement of private medical care expenses incurred on April 16, 2007 and April 17, 2007 is denied as the criteria under 38 U.S.C.A. § 17.1002 have not been met.

The Board has granted the appellant's request for reimbursement or payment of unauthorized private medical expenses incurred by her father during his hospitalization at Centennial Medical Center from May 17, 2006 to May [redacted], 2006. The treatment was deemed necessary due to a service-connected disability (prostate/genitourinary tract cancer) and the federal facilities were not feasibly available.

The Veteran's prostate cancer was not incurred or aggravated by active duty service and is therefore denied.

The Veteran's claim for increased ratings was denied as his residuals of cyst removal from the right cheek near the corner of the mouth did not meet the criteria for a higher rating, and he was assigned separate 10 percent disability ratings for mottling and cobblestoning of the right inner buccal membrane and difficulties with speaking, chewing, swallowing, and drooling.

The Board found that the Veteran does not have bilateral hand tremors that are attributable to military service or caused by a service-connected disability.

The VA determined that the appellant's residuals of a fractured left ring finger do not warrant an increased rating, as they are manifested by limited motion and minimal functional impairment.

The Board found that the appellant owed a debt of $23,756.00 for overpayment of VA educational assistance benefits due to fraud involving 60 veterans enrolled at Ramon Magsaysay Technical University in the Philippines.

The Veteran's left knee disability was previously rated at 10 percent prior to February 4, 2009. Since then, the rating has been increased to 30 percent effective from February 4, 2009.

The Veteran's service-connected bilateral knee disabilities are currently rated at 10 percent each, and the Board finds that a higher evaluation is not warranted.

The Veteran's claim for an increased rating for his service-connected left knee disability was denied. A separate 10 percent evaluation for instability of the left knee is granted.

The Board has determined that the Veteran's dry eye syndrome was not incurred in or aggravated by service, and therefore denied his claim for service connection.