Other conditions decisions — 2010

The Veteran's claim for a waiver of overpayment is being remanded due to the need to associate the first demand letter with the claims file and obtain proof of his last change in address.

The Board has determined that the overpayment of VA compensation benefits was properly created due to administrative error, and thus denied the Veteran's request for a waiver of indebtedness.

The Veteran's claim for a higher rating for his bilateral otitis externa was denied as the disability is already rated at its maximum possible under the applicable VA rating schedule.

The Board denied service connection for the claimed disabilities, finding no evidence of their onset in service or to a degree within one year of separation. The Veteran's T-12 paraplegia was not found to be related to Agent Orange exposure.

The Veteran's claim for an effective date prior to January 21, 2006 for the grant of TDIU is being remanded due to procedural issues.

The Board finds that the Veteran's treatment at Blount Memorial Transitional Care Center was authorized by VA and grants payment or reimbursement for medical expenses incurred from September 25, 2003 to November 14, 2003.

The Veteran's claim for non-service-connected burial benefits is denied because he did not have qualifying wartime service and therefore, the criteria for payment of such benefits are not met.

The Veteran seeks service connection for non-Hodgkin's lymphoma, but the Board finds no evidence of herbicide exposure and insufficient other evidence to establish a direct link between his current condition and service.

The Veteran seeks service connection for adenocarcinoma, claiming it is secondary to herbicide exposure in Vietnam. The case has been remanded due to the need for further development of medical records and an advisory opinion from the Armed Forces Institute of Pathology.

The Board has determined that the Veteran's claims are remanded for additional development, including obtaining Social Security Administration records and providing VA examinations to assess his current disabilities.

The Veteran is found not competent to handle his VA benefits due to mental incapacity, as evidenced by medical evaluations and diagnoses.

The Veteran's service connection claims for PTSD and seborrheic dermatitis were granted. The Veteran was diagnosed with nightmare disorder, which is considered a direct service connection due to its link to his military experiences.

The Board denied the claim for nonservice-connected burial benefits because the appellant's application was not filed within two years of her father's burial, which is a requirement under VA regulations.

The Veteran's claim for training services is being remanded to the RO for further action, including scheduling a videoconference hearing and consolidating his claims with other disabilities.

The Veteran's service-connected cold injury residuals of both feet contributed to his death from arteriosclerotic heart disease. The claim is granted.

The Board denied service connection for basal cell carcinoma of the nose in December 1990. The Veteran's claim to reopen this issue was denied because no new and material evidence was provided, and he does not have a compensable dental condition due to service.

The Veteran's claim for service connection for loss of teeth, claimed as secondary to his service-connected diabetes mellitus, was denied. The issue regarding the reopening of a claim for service connection for a tumor on the spinal cord with surgery is being remanded.

The Board has determined that the Veteran's left ring finger disability meets the criteria for a higher 10 percent initial rating due to arthritis with associated pain and painful motion.

The Board finds that the Veteran's emergency medical treatment provided by Heart of Florida Regional Medical Center on May 20, 2008 was for a non-service-connected condition and meets all criteria under the Veterans Millennium Health Care and Benefits Act. The claim is therefore granted.

The Veteran's service-connected pulmonary fibrosis does not result in any symptoms and is therefore rated as noncompensably disabling. The Veteran's other service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.