Other conditions decisions — 2010

The Board dismissed the appeal due to the appellant's death, and no jurisdiction remains for further action.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses is denied because she had coverage under a health-plan contract (Medicare Part A) and thus did not meet the eligibility criteria.

The Veteran's additional right upper extremity disability, claimed as RSD, did not result from VA carelessness, negligence, or fault. The Board finds that the Veteran's RSD preceded any surgical procedure and was not caused by the March 2006 surgery.

The Veteran's bursitis of the left shoulder and calcification and a regional tuberosity of the left femoral head are currently rated at 20 percent and 10 percent, respectively. The Board finds that neither condition warrants an increased rating.

The Veteran does not have a current disability of either hand or shoulder. The Board finds that the Veteran's complaints regarding these symptoms are not credible given the consistently normal findings on repeated examinations and lack of any notations of swelling in the VA examination reports.

The Veteran's claim for an increased rating and TDIU due to residuals of a fracture of the right tibia and fibula was denied by the Board. The case is being remanded for further development, including obtaining VA treatment records and arranging for a VA orthopedic examination.

The Board denied the Veteran's claims for service connection for a skin disorder on his hands and a left leg disorder, finding that there was no evidence of such conditions in service or within one year after discharge. The VA examiner concluded that the current skin condition is not related to Agent Orange exposure.

The Veteran's service-connected status post septoplasty with history of nasal fracture has not resulted in a compensable disability rating since April 25, 2007.

The Board found that the Veteran's asthma did not contribute to his cause of death, which was hepatic encephalopathy and end stage liver disease. The VA medical opinions were considered more probative than those from Drs. Wright and Bash.

The Veteran's appeal is being remanded for additional development, including a videoconference hearing before the Board.

The Veteran's service-connected residuals of nephrectomy are currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Board denied the appellant's claim for VA death pension benefits as she was not legally married to the Veteran for a period of one year prior to his death, and therefore did not meet the legal requirements for surviving spouse status.

The Board denied the Veteran's claims for increased ratings and higher initial ratings for his service-connected left elbow and wrist disabilities, as well as his claim for a stomach/gastrointestinal disorder claimed as secondary to service-connected orthopedic disabilities.

The Board found that the overpayment of $820.80 was due to VA's administrative error in continuing to issue educational benefits after the appellant withdrew from her courses, and thus granted a waiver of recovery.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to his death.

The Veteran is seeking service connection for additional eye disabilities, including cataracts and macular drusen, which he believes are related to his service-connected bilateral pterygium. The Board has determined that a remand is necessary to obtain an opinion on the relationship between the service-connected condition and the claimed additional disorders.

The Veteran's claim for special monthly pension at the housebound rate is granted, provided that he meets the service requirements and has a disability evaluation in excess of 60 percent. The Veteran also claims need for regular aid and attendance, which will be addressed by scheduling him for a VA examination.

The Board has determined that the Veteran's service-connected prostatic cancer contributed substantially or materially to his death from malignant glioblastoma, and thus grants service connection for cause of death.

The Board has remanded the case due to incomplete records and a need for further examination, but no specific service connection is granted or denied at this time.

The Board has determined that the Veteran's cause of death, nephritis, is not service-connected and thus denied the claim for service connection. The appellant also sought nonservice-connected death pension benefits based on her spouse's Philippine military service, which was found to be ineligible due to a lack of active duty service. Finally, the appellant's claim for accrued benefits was denied as she did not file within one year after her husband's death.