Other conditions decisions — 2009

The Veteran's overpayment of pension benefits is under review, and the case has been remanded for additional development including obtaining IVM folder documentation and providing a supplemental statement of the case.

The Board found that the Veteran's emphysema was not incurred in or aggravated by service, and denied his claim.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for VA benefits.

The Board denied the appellant's claim for reimbursement of private medical expenses incurred at Memorial Hospital, Chattanooga, Tennessee due to lack of prior authorization and failure to meet eligibility criteria under VA regulations.

The Board denied the Veteran's claim for a fracture of the left hand and found that new and material evidence had not been submitted sufficient to reopen his claim for residuals of a cervical spine injury. The Court vacated this decision.

The case is being remanded for further development and an examination to determine if the Appellant qualifies for special monthly compensation based on need for regular aid and attendance or housebound status.

The Veteran's arthritis of the right hand and myxoid cyst of the left fifth finger are service-connected, with a rating of 10% for the latter. The decision grants service connection for both conditions.

The Veteran's shell fragment wounds to the right arm, involving muscle groups V and VII, are rated at 30 percent prior to June 18, 2002, and at 40 percent thereafter.

The Board granted service connection for residuals of right ankle sprain, claimed as arthritis in the right foot and a bone spur in the right foot. The effective date is not specified.

The Board found that the right foot disability, including residuals of recurrent Morton's neuroma, was not incurred or aggravated by active service. The VA expert opinion concluded that it was less likely than not caused by Army foot gear used during active duty for training.

The Veteran's right maxillary injury residuals do not meet the criteria for a higher rating, as her inter-incisal range of temporomandibular articulation is within normal limits.

The Veteran's service-connected bilateral foot condition is currently rated as 10 percent disabling. The Board finds that the evidence does not support a higher rating, and thus denies the claim for an increased disability rating.

The Board denied the claim for DIC benefits pursuant to 38 U.S.C.A. § 1151, finding that VA's negligent treatment did not cause the Veteran's death.

The Board found that the overpayment was validly created due to the Veteran's failure to notify VA of his spouse's income status, which led to an overpayment in pension benefits. The decision granted a waiver of recovery of the $46,232 overpayment.

The Board has remanded the case for a new VA examination to determine whether the Veteran's current arthritis is related to his active service, including his verified cold weather exposure during the Korean Conflict.

The Board denied the Veteran's claim of service connection for insomnia in February 2009, but due to an administrative error, the Veteran was not scheduled for a VA examination. The case is being remanded for scheduling a new VA examination and obtaining additional medical records.

The Veteran's right shoulder disability is currently rated at 20 percent, the maximum rating available under DC 5203. The Board finds that a higher rating is not warranted.

The Veteran's claim for service connection for lupus is being remanded to the RO/AMC for additional development, including scheduling a video conference hearing.

The Board denied the appellant's claims for increased evaluations for his service-connected shrapnel wound of the left arm and cubital tunnel syndrome, as well as a separate evaluation for left arm cubital tunnel syndrome.

The Board denied the Veteran's claims for service connection for residuals of a head injury and bilateral Achilles tendonitis or other lower extremity disorder, finding that there was no evidence to support these conditions were caused by her military service.