Other conditions decisions — 2010

The Board found no probative evidence of a right thumb injury or disorder in service, or of arthritis in the right thumb within one year after service or for many years thereafter. The Veteran's current right thumb arthritis was not incurred in or aggravated by service.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has restored the Veteran's disability rating for recurrent left acromioclavicular separation with residual deformity of the left clavicle from 20 percent to 20 percent, effective January 31, 2005. The claim for an increased rating was denied as there is no evidence of fibrous union, nonunion, or dislocation.

The Board found that the Veteran's colon cancer was not incurred in or aggravated by his military service and could not be presumed to have been due to herbicide exposure. The claim for service connection was denied.

The Board has remanded the case for additional development, including obtaining SSA records and providing VCAA notice. The appellant's DIC claim will be reconsidered based on the new evidence.

The Board found that the appellant and the Veteran did not meet the criteria for recognition as the surviving spouse for purposes of Dependency and Indemnity Compensation (DIC) benefits due to their marriage not meeting the required conditions.

The Board denied the Veteran's claims for earlier effective dates for his right knee and left knee evaluations, as well as his TDIU claim. The effective date for the right knee evaluation was set at April 8, 1996, while the left knee evaluation was set at January 18, 2002.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for right elbow pain was denied because there is no evidence in the records of any complaint, finding, treatment or diagnosis of a disabling condition in the right elbow as a result of a blood drawing procedure performed at a VA treatment facility.

The Veteran's appeal was denied as he did not meet the eligibility requirements for VA educational assistance benefits under Chapter 30 Montgomery GI Bill or Chapter 34 Vietnam Era GI Bill.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board has reopened the claim for service connection for a neurogenic bladder as secondary to the Veteran's service-connected traumatic injury to the lumbar spine. The evidence shows that the Veteran's current diagnosis of neurogenic bladder is related to his service-connected back disorder, and thus it is proximately due to or the result of his service-connected disability.

The Veteran's right wrist fracture and associated radiculopathy are rated at 40 percent, reflecting the severity of her condition.

The Veteran's service-connected epicondylitis of the left elbow is characterized by pain upon motion, but does not meet the criteria for a higher rating based on limitation of motion. The current 10 percent rating adequately reflects his disability.

The Veteran has withdrawn his appeals, and the appeal is dismissed.

The Veteran's surviving spouse is seeking an earlier effective date for DIC benefits, which were initially awarded on January 1, 2001. The appeal is being remanded to consider whether there was clear and unmistakable error in the November 2003 decision awarding DIC benefits.

The Board has remanded the case for additional development, including obtaining medical records and addressing the appellant's claims regarding service connection for cause of death and recognition as a former prisoner of war.

The Veteran's claim for payment or reimbursement of medical expenses incurred at a non-VA hospital from March 6 to March 12, 2006 is granted. The Board found that the medical care provided during this period was necessary due to a continued medical emergency and could not have been safely transferred to a VA facility.

The Board has granted a waiver of the recovery of an overpayment of VA educational assistance benefits in the amount of $2,540.95 due to financial hardship.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $4,207.00 due to lack of fraud, misrepresentation or bad faith on his part and finding that he was not at fault in the creation of the debt.

The Veteran's income exceeds the maximum annual pension rate (MAPR) by approximately $4,000. The RO did not consider an unreimbursed medical expense for private medical insurance premiums in excess of five percent of the MAPR when issuing the April 2009 Statement of the Case.