Other conditions decisions — 2011

The Veteran's service-connected diverticulitis has been rated at 30 percent since April 18, 2008. The Board finds that the disability does not warrant a higher rating.

The Veteran's claim for an increased schedular disability rating in excess of 30 percent for bilateral intradermal cysts of the labia majora (vaginal cysts) was denied. The Veteran also requested a higher extra-schedular rating, but this issue is pending further review by the Chief Benefits Director.

The Veteran's service-connected reactive airway disease has been manifested by pulmonary function test results of FEV-1 not worse than 86.2 percent of predicted value, and FEV-1/FVC not worse than 77 percent of predicted value; use of daily inhalational or oral bronchodilator therapy; without evidence of at least monthly visits to a physician for required care of exacerbations, or intermittent (at least three per year) courses of systemic (oral or parenteral) corticosteroids. The criteria for an initial disability rating in excess of 30 percent have not been met.

The Veteran is entitled to SMC at the 'r-1' rate due to his need for aid and attendance, but not housebound. The overpayment claim was denied as it would not be contrary to equity and good conscience.

The Board has determined that there is no new and material evidence to reopen the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for the residuals of a rib resection, including long thoracic nerve palsy, right arm and back pain, and winged scapula.

The Veteran does not meet the legal requirements for establishing basic eligibility for VA nonservice-connected pension benefits due to his service not occurring during a period of war.

The appellant is not recognized as the surviving spouse of the Veteran for VA death pension benefits purposes due to her remarriage after January 1, 1971.

The Board has determined that the Veteran made an irrevocable election for educational benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill (MGIB) program. As such, the appeal is denied.

The Veteran's service did not qualify him for VA nonservice-connected death pension benefits as he served outside the defined periods of war. The claim is denied.

The Veteran's service-connected residuals of a gunshot wound to the left foot with traumatic arthritis, talocalcaneal joint are rated at 30 percent due to weakness, fatigability, paresthesias, and need for specially made shoes.

The Veteran's unauthorized private medical expenses incurred on February 2, 2010 for chest pain due to acute coronary syndrome were denied as the care was not authorized in advance and he had coverage under a health-plan contract.

The Veteran's appeal is remanded for additional development, including a new examination to assess the severity of his right throat disability and consideration of all relevant diagnostic codes. The case will be returned to the Board for further appellate action.

The Board has denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred over the period of June 28, 2010, to July 6, 2010. The criteria under 38 U.S.C.A. �� 1725 and 1728 were not met due to the Veteran's private health coverage (Blue Cross) that has paid at least a portion of the medical expenses incurred.

The Board has granted the Veteran's request for waiver of recovery of an overpayment of improved pension benefits in the amount of $29,736.00 due to the Veteran's homelessness and lack of income.

The Veteran's service connection claim for residuals of a cyst on the lower back is granted as his current residuals are considered to be related to his in-service pilonidal cyst.

The Board found that the overpayment of $1900.76 was validly created due to the Veteran's son, S.S., stopping attendance at college in December 2004 and VA continuing to pay benefits for him as a dependent until November 30, 2006. The decision also noted that the Veteran had shared fault in creating this overpayment.

The Veteran's left foot shrapnel fragment wound residuals are currently rated as 10 percent disabling, and the evidence does not support a higher rating.

The Board has determined that there is no credible evidence to support the Veteran's claims of cholecystitis and post-operative residuals of gallbladder removal, which were not diagnosed until after service. The Veteran did not exhibit these conditions during active duty or within one year following separation.,Service connection for post-operative residuals of gallbladder removal was denied as there is no evidence linking the condition to service.

The Veteran's service-connected right elbow disability, which includes ulnar nerve decompression surgery, does not meet the criteria for a compensable evaluation under applicable rating codes.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran due to her valid marriage and continuous cohabitation with him until his death.