Other conditions decisions — 2010

The Board denied the Veteran's motion to revise a prior decision on grounds of clear and unmistakable error (CUE) regarding an earlier effective date for special monthly compensation based on need for regular aid and attendance. The Board found that the correct facts were known at the time, and there was no evidence showing the Board misapplied the law.

The Board found that the Veteran's emergency medical expenses incurred on December 6, 2007 were not authorized by VA and did not meet the criteria for reimbursement under Chapter 17 of the Veterans' Benefits Act. The treatment was deemed to be non-emergent due to the passage of time since his last service-connected injury.

The Board denied the Veteran's claim for an initial compensable rating for residuals of status post flexor digitorum profundus repair of the right ring finger, finding that there were no objective medical findings supporting a higher rating.

The Veteran's current diagnoses of arthritis and deformity of the second metacarpal of the right hand are found to be related to a fracture during service, warranting service connection.

The Veteran's service-connected disabilities (urethral stricture associated with chronic prostatitis and chronic prostatitis) do not render him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claim to reopen his service connection for a left orchiectomy, finding that no new and material evidence had been received.

The Board has dismissed the appeal due to the death of the appellant.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board has determined that the Veteran's sterility is not related to his service, including any inservice radiation exposure from x-rays. The preponderance of evidence does not support a finding in favor of service connection.

The Board has remanded the case for further proceedings due to a failure to ensure that VA satisfied its duty to assist in obtaining relevant records, particularly regarding the Veteran's service in Vietnam.

The Veteran was awarded more TATU benefits than he was entitled to for the years 2006 and 2007. The Board found that additional TATU benefits are not warranted.

The Veteran's claim for service connection for laryngeal cancer as due to Agent Orange exposure is being remanded for further development, including obtaining information about the Veteran's alleged in-service exposure to Agent Orange and his time spent on foot in Vietnam.

The Board has ordered the VA to obtain Social Security Administration records for the Veteran. The Veteran's claim for a TDIU will be remanded following this action.

The Board has determined that the Veteran's brain hemorrhage is at least as likely as not caused by or a result of his in-service headaches, and thus service connection for residuals of a brain hemorrhage is granted.

The Board found that the death of the Veteran was not caused by VA's care, including medical and surgical treatment. The proximate cause of his death was the natural progression of spinal stenosis and related conditions.

The Board has determined that the overpayment of $8,188 in death pension benefits was properly created due to the appellant's receipt of Social Security Administration (SSA) benefits. The Board also found it against equity and good conscience for the VA to recover this overpayment, considering financial hardship and other equitable factors.

The Board has remanded the Veteran's claims for further development and readjudication.

The Board has determined that the Veteran's left hip and foot disorders are related to his active service, resulting in a grant of service connection for these conditions.

The Veteran's claim for service connection for missing teeth numbers 7, 8, 9, and 10 was denied as there is no evidence of a loss of substance of the maxilla or mandible due to trauma during active service. The Veteran does not meet eligibility requirements for VA dental treatment.

The Board found that the Veteran's chronic obstructive lung disease is not etiologically related to service or a service-connected disability, and thus denied his claim.