Other conditions decisions — 2010

The Veteran's varicose veins of the right leg have been rated at 40 percent since November 5, 2008, and his left leg has also received a 40 percent rating effective June 26, 2009.,Both legs are currently rated as 40 percent disabling from these dates.

The Veteran's service-connected left hip disorder was rated at 10 percent prior to October 2, 2005. Since then, the disability has been rated at 30 percent.

The Board has determined that the Veteran's equilibrium disorder is not related to his military service or his service-connected hearing loss, and thus denied the claim.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for the cause of the Veteran's death, as the evidence did not show a disability incurred or aggravated during service was the primary or contributory cause of the Veteran's death.

The Board found that the Veteran's current skin disorder, diagnosed as dermatitis, is not shown to have been present in service or for many years thereafter, nor is it the result of any incident of his military service, including exposure to herbicide agents (Agent Orange).

The Veteran's claim for a compensable evaluation for his service-connected status-post fracture of the mandible at the left angle and right pre-molar region is being remanded due to insufficient evidence, including an outdated VA dental examination and missing treatment records.

The Board has ordered a remand to obtain medical opinions regarding the Veteran's service-connected PTSD and alcohol abuse, as well as whether his digestive system disorder is related to his PTSD.

The Veteran's claims for service connection and increased ratings were denied. The decision also addressed the effective date of the PTSD rating increase.

The Board is remanding the case due to incomplete information and missing records, including a possible inactive folder from the Veteran's lifetime. The appellant must provide evidence of service-connected conditions during her husband's lifetime.

The Board found that the overpayment of $3,517.00 was properly created due to the appellant's failure to notify VA of his divorce and subsequent reduction in compensation benefits for a dependent spouse.

The Board found that the Veteran's respiratory disability warranted a 30 percent evaluation as of May 24, 2004. The effective date was assigned based on the fact that his condition met the criteria for a 30 percent rating under Diagnostic Code 6600 (chronic bronchitis) during the one year period prior to May 24, 2004.

The Veteran's countable income exceeds the maximum annual pension rate, thus his claim for improved pension benefits is denied.

The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence linking his cardiomyopathy to service or any presumptive conditions.

The Veteran seeks service connection for a skin rash condition, which he claims is related to his exposure to herbicides during service. The Board finds that additional development of the claim is necessary due to conflicting medical evidence and the need for a VA examination.

The Board found that the reduction of the appellant's death pension benefits as of January 1, 2007 was proper due to the failure to verify her claimed medical expenses.

The Board has determined that the appellant's request to reopen her claim for VA benefits was denied because no new and material evidence was provided, and the service department certified that her spouse had no qualifying military service.

The Board denied the appellant's claims for VA compensation and payment from the FVEC fund due to a lack of qualifying service under dishonorable conditions.

The Board has remanded the case due to new evidence and inconsistencies in clinical findings, requiring a VA examination.

The Veteran's unauthorized medical treatment for urinary retention in October 2007 was not authorized by VA, and the Board found that reimbursement was denied as no VA facility was feasibly available and an attempt to use them beforehand would have been reasonable.

The Board has determined that an effective date earlier than March 1, 2007 for the award of death pension benefits is denied.