Other conditions decisions — 2010

The Veteran's claim for non-service-connected pension benefits was denied as he does not have a disability that renders him permanently and totally disabled.

The Board found that the Veteran's celiac sprue and autoimmune ovarian failure are not service-connected, as there is no evidence of their onset during active duty or preexisting conditions permanently worsened by service. The diagnoses were also not shown to be secondary to her service-connected diabetes mellitus.

The Veteran's application for Service-Disabled Veterans Insurance (RH) was timely received, but he is not eligible due to having a nonservice-connected disability (major depressive disorder), which renders him not in 'good health' and thus not qualifying for RH insurance.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine if separate ratings are appropriate for the ulnar and median nerves, and whether his brachial plexus syndrome is aggravated by his service-connected left arm disability.

The Veteran's claim for service connection for a skin disorder due to herbicide exposure during his active duty in Vietnam is denied as there is no evidence of a current disability, and the Board finds that any claimed condition is not related to service or herbicide exposure.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's dermatomyositis is related to his service or Agent Orange exposure.

The Veteran's claim for reimbursement of medical expenses incurred at Florida Hospital Deland on June 8, 2005 is denied because the emergency room visit was not for a condition that posed an immediate threat to his health.

The Veteran's left foot disability, characterized by severe malunion or nonunion of tarsal/metatarsal bones, warrants a 30 percent rating.

The Board has remanded the case for further development due to incomplete records and need for additional medical opinions.

The Board has found that there was clear and unmistakable error (CUE) in the February 1974 rating decision, which failed to grant service connection for residuals of facial muscle injury, facial nerve injury, and visual impairment as the result of through and through lacerations and penetrating wounds to the face. The appropriate evaluation is now 50 percent disabling under Diagnostic Code 7800.

The Board denied the Veteran's claims for an earlier effective date for service connection and a higher initial rating for his schizoaffective disorder with depressive symptoms, finding that the earliest possible effective date is October 23, 1996.

The Veteran's left Achilles tendonitis has not resulted in marked limitation of range of motion, and therefore, the claim for a disability rating in excess of 10 percent is denied.

The Board has granted service connection for cold weather injuries to the feet and remanded the issue of a compensable rating for left inguinal hernioplasty.

The Veteran died in September 1994 and was buried in October 1994. The appellant's claim for nonservice-connected burial benefits was denied because it was not filed within two years of the Veteran's burial.

The Board has determined that the Veteran does not currently have a disability related to shrapnel wound injuries sustained during service, and therefore denied his claims for service connection.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she was not his spouse at the time of his death and thus is not eligible for VA death benefits.

The Veteran's overpayment of VA benefits was due to his failure to report a marriage and spouse's income, resulting in the termination of his non-service connected pension. The Board found that recovery would not be against equity and good conscience.

The Board denied the appellant's claim as new and material evidence was not submitted to reopen his final administrative decision finding that his character of discharge from service constituted a bar to VA benefits.

The Veteran's heart murmur was noted during service but no current heart disorder has been documented. The Board finds that the Veteran does not have a currently diagnosed disability for which he can be granted service connection.

The Veteran's claims for reimbursement of unauthorized medical services provided by Dr. A.W. on March 25, 2008 and March 29, 2008 were denied as the criteria for payment or reimbursement under Chapter 17 (Veterans' Millennium Healthcare and Benefits Act) were not met.