Other conditions decisions — 2010

The Veteran's thoracic strain was not granted an initial compensable rating prior to November 7, 2007 and a rating in excess of 10 percent thereafter. The claim for total disability rating based on individual unemployability due to service-connected disability is pending.

The Board has remanded the case for a VA skin examination to determine if the Veteran's current fungal infection is related to his service and whether his pre-existing tinea cruris was aggravated by service.

The Board has determined that new and material evidence has been received to reopen the Veteran's previously denied claim of service connection for arthritis in multiple joints, including as secondary to service-connected rheumatic heart disease. The case is remanded for additional development.

The Board has determined that additional development is necessary before the claims can be fully adjudicated.

The Veteran's service-connected hallux valgus of both feet is currently rated at 20 percent, which represents moderately severe disability. The Board finds that the evidence does not support a higher rating as there is no indication of complete paralysis or other severe foot pathology.

The Veteran's cause of death was respiratory failure due to emphysema. The Board finds that the service-connected COPD did not contribute to his death, and there is no evidence of asbestos exposure or other contributing factors.

The Veteran's claim for an effective date prior to May 8, 2003 for the grant of service connection for cataracts as a result of exposure to ionizing radiation is denied. The earliest possible effective date that may be assigned by law for this award is May 8, 2003.

The Veteran's service-connected left hand disability limits his ability to secure or follow a substantially gainful occupation. The case is REMANDED for further examination and readjudication.

The Veteran's claim for compensation benefits is granted as the Board finds that VA treatment caused his additional disability of a sternum infection, status post-CABG.

The Board has determined that the overpayment of $45,553.60 was validly created and that recovery would be against equity and good conscience.

The Board denied the Veteran's claim for service connection for the cause of his death and also denied the appellant's claim to establish her as the surviving spouse for VA pension benefits. The decision is final.

The Veteran's claim for payment of unauthorized private medical expenses incurred at two hospitals was denied due to the absence of an emergency condition and lack of a feasible VA facility.

The Veteran's claim for an initial compensable rating for residuals of a right ear perforation has been denied as the disability is already rated at its maximum under the applicable VA rating criteria.

The Veteran's request for a waiver of recovery of an overpayment of VA education benefits in the amount of $5,179.00 was granted by the Committee on Waivers and Compromises due to no indication of fraud, misrepresentation, or bad faith on her part, and because recovery would not be against equity and good conscience.

The Board has granted service connection for the Veteran's residuals of right second metatarsal stress fracture, claimed as a right foot condition. The effective date for this grant is April 1, 2004. The earlier effective date claim for recurrent sinusitis, status post polyposis, with allergic rhinitis was denied.

The Veteran claims service connection for a neck disorder, which he asserts was caused by an accident in service. The Board finds that the claim should be remanded to obtain additional medical records and verify the dates of service.

The Veteran's appeal regarding payment of VA educational assistance benefits prior to January 22, 2007 is denied. The rate of payment for his educational program was determined to be proper. An overpayment in the amount of $446.22 is found to be valid.

The Board has determined that the Veteran's income for the year 2007 exceeded the threshold for eligibility to receive VA health care without a copayment, and thus denied his claim.

The Board has remanded the case for additional development, including obtaining medical records from Chapin Family Practice and considering all evidence added to the claims file since the May 2009 decision.

The Veteran died at a private nursing home and did not meet the criteria for non-service-connected burial benefits as he was not receiving VA compensation or pension, nor had an original or reopened claim pending at the time of his death.