Other conditions decisions — 2010

The Veteran's residuals of a left total hip replacement were not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Board has granted an effective date of May 1, 2004 for the award of apportionment benefits on behalf of the Veteran's minor child. The appellant was not receiving child support and was not reasonably discharging his responsibility for the child's support as of May 1, 2004.

The Board denied the Veteran's request for waiver of overpayment, finding that recovery would not be against equity and good conscience.

The Veteran's claim challenging the recoupment of overpayment of VA benefits in the amount of $7,796.79 (the amount received as separation pay) by withholding disability compensation is denied.

The Board has determined that the Veteran's income exceeds the annual limit for receipt of nonservice-connected pension benefits. However, additional evidence submitted by the Veteran suggests his actual medical expenses may have reduced his countable income below this limit.

The Board has granted service connection for a right hand disorder that is related to the Veteran's service-connected left hand disability. The claim for an increased evaluation of the service-connected residuals of gunshot wound to the left hand with sensory nerve impairment was also granted.

The Veteran's appeal for payment or reimbursement of unauthorized private emergency medical services provided from July 19, 2006, to July 20, 2006 is denied as he has not exhausted all claims and remedies against a third party.

The Board has determined that the Veteran's cause of death, myocardial infarction, is presumed to be related to his exposure to herbicides during service in Vietnam. As such, the claim for service connection for the cause of death is granted.

The Veteran's adopted child, T.J., is recognized for VA purposes due to meeting the criteria of being less than 18 years old at adoption, receiving one-half or more support from the Veteran, not in the custody of her natural parents, and residing with the Veteran.

The Board has remanded the case due to incomplete records and a need for an opinion from an oncologist regarding the cause of death.

The Board dismissed the appeal due to the death of the Appellant, and thus does not have jurisdiction to adjudicate the merits of the claim.

The Veteran's claim for service connection for pain and numbness to the left side of his face and cheek area is being remanded due to insufficient competent medical evidence on file.

The appellant does not meet the legal requirements for establishing basic eligibility for VA nonservice-connected pension benefits.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling VA examinations. The case will be readjudicated after all requested information and evidence are received.

The Board has reopened the Veteran's claim of entitlement to service connection for gastrointestinal disability and granted it, finding that new and material evidence had been received. The Veteran's current diagnosed gastrointestinal disability was incurred in military service.

The Veteran contends that her current Von Willebrands is related to service. She claims she began experiencing bruises before service, which were diagnosed as Von Willebrands during active duty.

The Board denied the appellant's claim for non-service connected death pension benefits due to her annual reported income exceeding the maximum annual income for death pension benefits.

The Board found that a hammertoe deformity of the right foot was not incurred in or aggravated by service, as there is no evidence of chronicity during service and the Veteran's assertion of continuity of symptoms after service is less credible than the service treatment records.

The Board has determined that the appellant's annualized income exceeded the maximum annual pension rate, thus denying her entitlement to death pension benefits.

The Veteran's left hand and fingers shell fragment wounds are rated as zero percent under Diagnostic Code 5209, which requires a minimum of 10% rating. The scars do not meet the criteria for higher ratings based on their size or instability.