Other conditions decisions — 2010

The Veteran's claim for compensation for a left foot disorder under the provisions of 38 U.S.C.A. � 1151 is being remanded due to the need to obtain Social Security Administration (SSA) disability records related to his SSA benefits.

The Board has granted a 10 percent disability rating for the residuals of a muscle injury to the left lower extremity, status post left Achilles tendon repair since February 8, 2005.

The Board denied the Veteran's claims for service connection for a respiratory disease and a bilateral eye disability, finding that there was no current COPD or evidence of an in-service onset of these conditions.

The Veteran's surviving spouse died in September 2003, and the appellant is seeking reimbursement for expenses related to her last sickness and burial. The Board denied this claim as the appellant does not fit into any of the categories eligible for reimbursement under VA regulations.

The Board found that the Veteran's joint problems are not related to his service, including exposure to herbicides in Vietnam. The appeal for a skin disability is pending and will be remanded.

The Board has granted service connection for post traumatic stress disorder (PTSD) as the Veteran's reports of in-service combat stressors are consistent with his service and provide sufficient verification.

The Board has ordered additional development to obtain records related to the Veteran's forehead tumor, which may be relevant to his cause of death claim. The case will be remanded for further action.

The appellant's spouse died during military service due to his own misconduct and was not in the line of duty. As a result, the surviving spouse is not eligible for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.

The Board dismissed the appeal due to the appellant's death.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital from June 15, 2004 to June 21, 2004 is granted as the evidence shows he was stabilized for safe transfer to VA facilities and that no feasible VA facility was available.

The Board denied service connection for a right inguinal hernia with scar and found no residuals of the hydrocelectomy warranting a compensable evaluation.

The Veteran's appeal is being remanded for a VA examination to determine the relationship between her claimed conditions and service, as well as any other relevant factors.

The Board found that the Veteran's cause of death was not due to his military service, including exposure to Agent Orange. The claim for service connection for the cause of death is denied.

The Board denied the Veteran's claim for waiver of recovery of an overpayment of disability compensation benefits, to include a reduced monthly payment. The decision found that collection of the debt would not be against equity and good conscience.

The Veteran's claim for an initial compensable rating for a bilateral subcondylar and right mandible fracture with alveolar bone loss in the anterior and posterior mandible was denied. The Board found that the evidence did not show malunion or nonunion of the mandible, limitation of motion to interincisional range of 31-40 mm or lateral excursion range of 0-4 mm, or loss of all upper and lower teeth on one side due to loss of substance of the mandible. The Veteran's gastrointestinal disorder claim was withdrawn from appellate review.

The Board found no evidence of a current diagnosis of left buttock pain and thus denied the Veteran's claim for service connection.

The Board has granted service connection for neurological disability of the left side of the face and left lateral neck, alternatively diagnosed as reflex sympathetic dystrophy, complex regional pain syndrome, and trigeminal neuralgia, finding that it is related to a service-connected cervical spine disability.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of her service-connected disabilities, specifically residuals of anterior fasciotomy in both legs. The case will be returned to the Board after this additional development.

The Board found that the appellant's discharge from August 1964 to August 1970 was under conditions other than honorable due to unauthorized absence without leave (AWOL) for a significant period. The character of this discharge is considered a bar to VA benefits, as it falls under willful and persistent misconduct.

The Board has remanded the case due to incomplete terminal records from St. John's Hospital, and the appellant's claim for service connection for cause of death is pending.