Other conditions decisions — 2011

The Veteran's claim for service connection for compensation and outpatient dental treatment purposes regarding tooth #9 is granted. The Board found that the Veteran had a noncompensable service-connected dental condition resulting from service trauma, but was eligible for VA outpatient dental treatment.

The Veteran's duodenal ulcer was already partially granted with a 10% rating effective from the date he filed his claim (June 16, 2005). The RO's decision did not result in any increase in the severity of the disability.

The Board has determined that the appellant is entitled to waiver of recovery for an overpayment of $3,701 in death pension benefits. The decision also found that the appellant was solely at fault in creating this debt and that collection would cause undue financial hardship.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for right elbow disability. The Veteran's right elbow disability is etiologically related to his active duty.

The Board's November 18, 2009 decision denying an evaluation in excess of 40 percent for gastrointestinal disease, to include an ulcer is vacated due to the submission of additional VA treatment records post-decision. The case is now remanded for further development and consideration.

The Veteran's claim for service connection for dizziness, nausea, and loss of balance as secondary to his service-connected tinnitus and hearing loss is being remanded due to inadequate VA examination.

The Board found that the Veteran's claimed disabilities of cataplexy and narcolepsy were not incurred in or aggravated by service, and may not be presumed to have been so incurred or aggravated. The other conditions were also denied as not related to service.

The Board has remanded the case for additional development, including obtaining service treatment records and a medical opinion regarding whether any condition related to service, particularly exposure to Agent Orange in Vietnam, caused or contributed substantially or materially to the Veteran's death.

The Board has reopened the Veteran's claim for service connection and granted the underlying service connection claim for degenerative disease at C5-6.

The Board has determined that an earlier effective date for the grant of service connection for the cause of the Veteran's death is denied as the claim was not received until May 31, 2001.

The Veteran's service-connected hepatitis C is found to be the cause of his current hemangioma and bilateral Achilles tendon rupture. His non-Hodgkin lymphoma has been granted with a 0% evaluation, effective February 25, 2008.

The Veteran's appeal is remanded due to the need for additional development, including determining the distance to the nearest VA medical facility and whether a bed was available at this facility. A new opinion from a VA medical doctor is also required regarding when the Veteran became stable enough for transfer to a VA facility.

The Board has granted the Veteran's claim, finding that his wife should be considered his dependent for purposes of determining the maximum annual pension rate for nonservice-connected pension benefits.

The Board has decided to remand the case for additional development, including obtaining SSA disability benefit records and VA medical treatment records. The Veteran's claim will be reconsidered after these records are obtained.

The Veteran's service-connected residuals of a fractured right jaw and cheek bone are rated at 10 percent since June 24, 2008. The evaluation is increased to 20 percent from November 24, 2008 to April 12, 2009.

The appellant is not eligible for special monthly death pension benefits or DIC benefits due to her remarriage, which did not meet the required conditions.

The Veteran's left knee disability, characterized by occasional instability and pain, has been consistently rated at 10 percent since October 22, 1994. The current rating is based on limitation of motion.

The Board denied the Veteran's request to reopen his claim of entitlement to recognition as a former prisoner of war (POW) because no new and material evidence was received, and the evidence did not relate to an unestablished fact necessary to substantiate the claim.

The Board has determined that the appellant does not have qualifying service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case due to insufficient reasoning in its decision and a need for additional examination.