Other conditions decisions — 2010

The Board has determined that the offset amount of $302,500 against the appellant's DIC benefits was proper and denied her claim.

The Board has reopened the appellant's claim for service connection for the cause of the Veteran's death due to new and material evidence submitted since the last final denial. The underlying issue is addressed in a separate REMAND.

The Veteran's right shoulder disability, characterized by constant low-level pain and muscle spasm, does not warrant a compensable rating under the applicable VA rating criteria.

The Board has dismissed the appeal as the appellant withdrew it prior to a decision being made.

The Veteran's appeal has been dismissed due to his death while the appeal was pending.

The Veteran's service in the Philippine Guerilla is recognized, but his spouse does not meet the eligibility criteria for nonservice-connected death pension benefits.

The Veteran's period of active service was less than three years, and he did not meet the basic eligibility criteria for VA Chapter 30 educational assistance benefits.

The Board denied the appellant's claim for reimbursement of private medical expenses incurred at Citrus Memorial Hospital due to lack of prior authorization and failure to meet eligibility criteria under 38 U.S.C.A. § 1725.

The Veteran's appeal is being remanded due to scheduling issues for a Board hearing. The issue remains unresolved and will be handled by the RO/AMC.

The Board finds that the Veteran's medical treatment from November 27, 2005 to December 1, 2005 met the criteria for reimbursement under VA regulations due to a lack of availability of a VA facility and the nature of the emergency.

The Board found that the Veteran's nasopharyngeal carcinoma was caused by his in-service exposure to Agent Orange, resolving all reasonable doubt in favor of the Veteran.

The Veteran's actions leading to the overpayment of pension benefits in an amount calculated as $13,759 constitute misrepresentation or bad faith. The Board finds that such actions by the Veteran were undertaken with intent to seek the unfair advantage of receiving VA pension benefit checks paid based only on his income from SSA benefits when he in fact earned income from self employment.

The Veteran's systolic heart murmur does not meet the criteria for a compensable rating under VA disability evaluation guidelines.

The Veteran's service-connected right calcaneus fracture does not result in a moderate foot disability, and therefore, he is not entitled to a compensable rating.

The Board found that the Veteran does not have mycosis fungiodes and denied her claim for service connection.

The Veteran's service-connected reflux esophagitis is currently rated at 10 percent, and the evidence does not support a higher rating as his symptoms do not meet the criteria for a more severe disability.

The Veteran's appeal is remanded due to the need for additional development and evidence, including a VA dermatologic examination.

The Board has determined that the Veteran's psychiatric disability, diagnosed as psychosis not otherwise specified, is the result of an in-service disease or injury and grants service connection for this condition.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his metastatic pancreatic carcinoma did not have its onset during service or was otherwise related to an in-service disease or injury.

The Board has ordered the VA to obtain records of the Veteran's hospitalization for coronary artery disease at the Tucson VAMC in June 1989. The case is now remanded for further examination and opinion from a cardiologist regarding the onset and etiology of the Veteran's coronary artery disease.