Other conditions decisions — 2011

The appellant's death certificate states she died on October [redacted], 2008. As a result, the Board has no jurisdiction to adjudicate the merits of this claim due to her death.

The Veteran's claim for educational assistance benefits prior to June 7, 2009 was denied as he did not file a timely claim within one year of his enrollment in the course.

The Board has determined that the cause of the Veteran's death is related to his in-service exposure to Agent Orange, and service connection for the cause of death is granted.

The appellant's service was not verified by the Department of Veterans Affairs, and therefore he is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's service-connected gunshot wound residuals have been rated at the maximum available rating of 20 percent for his left leg and 10 percent for his left thigh. The Board finds that these ratings are appropriate based on the current clinical findings.

The Board has ordered a remand due to the need for additional medical examination and opinion regarding the Veteran's claim of service connection for ankylosing spondylitis. The case will be returned to the Board following this development.

The Board denied an earlier effective date for the 10% disability rating assigned in August 1994, finding no CUE. The Veteran's claim was dismissed as improper.

The Veteran's claim for a rating in excess of 30 percent for residuals of a shell fragment wound (SFW) to the left knee/thigh area, involving injury to anterior thigh Muscle Group XIV, with degenerative changes was denied. The claim for TDIU benefits is addressed separately.

The Veteran's permanent colostomy is not considered additional disability resulting from VA treatment, as the surgery was necessary to remove rectal cancer and a drop in blood pressure during the first procedure necessitated stopping it. The Board finds that the Veteran has an additional disability but does not find negligence or lack of proper care on VA's part.

The Veteran's service-connected right foot disability, characterized by fractures of the second through fifth metatarsals and proximal phalanx of the great toe, has been granted a rating of 20 percent for moderate to moderately severe residuals. The effective date is not specified as it is determined to be the date of receipt of claim.

The Veteran's death was not caused by a service-connected disability, and there is no evidence linking his glioblastoma multiforme to herbicide exposure. The claim for cause of death is denied.

The Veteran's service-connected panic disorder is manifested by occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, but generally functioning satisfactorily with routine behavior, self-care, and conversation normal. The disability does not meet the criteria for a higher rating.

The Board found that new and material evidence had not been received to reopen the Veteran's claim of service connection for a thoracic spine disability, as the submitted evidence did not show that his condition pre-existed service or was aggravated by it.

The Veteran's beta thalassemia minor is manifested by fatigue, weakness, shortness of breath and chest pain. The Board has determined that a 30 percent rating is warranted for this condition.

The Board found that the Veteran's bilateral elbow epicondylitis was not due to an undiagnosed illness or service, and denied his claim for service connection.

The Veteran's initial claim for service connection was granted, and he is now receiving a rating of 10 percent for his basal cell carcinoma of the nose. The current appeal seeks an increased rating to 30 percent from July 21, 2010.

The Veteran's compression fractures to the T3 and T4 vertebrae with arthritic changes are rated at 10 percent prior to September 26, 2003, and at 40 percent from September 26, 2003. The Veteran's thrombophlebitis of the left lower extremity is currently rated at 20 percent since July 22, 2010.

The Board has remanded the case for a VA examination to determine if the Veteran's current back disability is related to his service. The examiner should consider the Veteran's reported in-service injury and any other relevant evidence.

The Board found that repayment of the overpayment would be against equity and good conscience, resulting in undue hardship for the appellant. The VA awarded waiver of recovery for both overpayments.

The Veteran's unauthorized medical expenses incurred in April and May 2004 were not reimbursable as he did not meet the eligibility requirements under 38 U.S.C.A. § 1725 or 38 C.F.R. § 17.120.