Other conditions decisions — 2010

The Board has determined that the Veteran's unauthorized medical expenses incurred at Bert Fish Medical Center from July 28 to July 29, 2007 were reimbursable due to an emergency situation and lack of feasible VA availability.

The Board has determined that the Veteran's sinus condition first manifested in service and is not a pre-existing condition. The Veteran testified to having had persistent and chronic sinus problems since service, which are considered competent evidence of continuity of symptomatology.

The Board found that the overpayment of $4,925.00 in nonservice-connected pension benefits was validly created due to the appellant's failure to report his wife's Social Security Administration income. The Board also determined that there is no indication of fraud, misrepresentation or bad faith on the part of the appellant, thus denying the request for waiver of recovery.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the Veteran's death, finding that new and material evidence had not been received.

The Board denied the Veteran's claims of service connection for a corneal abrasion of the right eye and Bell's Palsy, finding that there is no current diagnosis of these conditions and that the evidence does not establish a link between any diagnosed condition and active duty.

The Board found that the Veteran's death was not caused by VA medical care, and thus denied both claims for compensation under 38 U.S.C.A. § 1151 and DIC.

The Board has determined that the Veteran's hypertension, which was related to service-connected conditions, contributed substantially or materially to his death from hypertensive cardiovascular disease.

The Board denied service connection for the Veteran's back disorder, finding that it was not related to his military service. The case is now being remanded for further development and readjudication.

The Board determined that the Veteran's aortic valvular disease did not warrant an initial rating higher than 50 percent from January 5, 1998 to May 7, 2001. The claim for TDIU prior to May 8, 2001 was also granted.

The Veteran is seeking service connection for right tonsillar cancer, which he claims developed due to exposure to Agent Orange during his military service. The Board has ordered additional development as requested by the Court of Appeals for Veterans Claims.

The Veteran's unauthorized medical expenses incurred at St. Joseph Mercy Saline Hospital from March 17, 2008 to March 22, 2008 are granted as the services were provided in a medical emergency and VA facilities were not feasibly available.

The Veteran's cold injury residuals do not render him unemployable due to service-connected disability, as his disabilities are considered mild and do not prevent him from obtaining or retaining substantially gainful employment.

The Veteran's right lower leg peroneus brevis fascial defect is currently rated at 10 percent, effective June 4, 2002. The claim for an initial rating in excess of 10 percent remains unresolved.

The Board denied the appellant's claim for basic eligibility for VA death benefits due to a lack of service in the United States Armed Forces.

The Veteran's cecal hernia was found to be service-connected. The claim for a throat disorder is denied as there is no evidence of an underlying condition.

The Veteran died from cardio pulmonary arrest, with aspiration and other significant conditions contributing to his death. The cause of death is not related to service-connected disabilities.,DIC benefits were denied as the Veteran was not rated as totally disabled at the time of his death.

The Veteran's claim for service connection for a sore throat and/or tonsil condition was denied as there is no evidence of a current disability, and the Board found that any pre-existing condition did not worsen during service.

The Veteran's claim for an initial compensable rating for service-connected anemia and leucopenia was denied. The issue of increased rating for service connected discoid lupus erythematosus is pending.

The Veteran's claim for an initial compensable evaluation for a herniated disc at L4-5 was granted, but the evaluation remains noncompensable.

The Board has determined that the Veteran's dysthymic disorder was incurred in active duty and granted service connection for this condition.