Other conditions decisions — 2011

The Board has determined that the Veteran does not meet the criteria for further extension of the temporary total disability rating beyond December 1, 2006. The Veteran's period of convalescence related to his August 2006 surgery did not extend beyond December 1, 2006.

The Board denied the Veteran's claim for service connection for the residuals of a stroke, finding that there was no evidence of chronicity in service and that the current disability did not have its onset during or as a result of active service. The Board also found that diabetes mellitus was not a significant factor for his 2004 cerebral vascular episode.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of his service-connected mechanical back syndrome.

The case is being returned to the RO for additional records related to the Veteran's claim for continued vocational and rehabilitation services.

The Veteran is seeking service connection for a respiratory disorder, which he claims was caused by exposure to red zinc chromate paint during his Navy service. The Board has decided that additional development is needed before the claim can be adjudicated.

The Veteran's appeal is remanded due to unclear nature and degree of severity of her left knee disability status post medial meniscus tear arthroscopic resection in May 2010, requiring a new VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a VA pulmonary examination to determine the nature and etiology of any lung disability.

The Board has determined that additional development is needed to properly assess the validity of the overpayment and determine if a waiver of recovery should be granted. The appellant will need to provide an audit of his account, explain any missing documents, and submit updated financial information.

The Veteran's appeal for nonservice-connected pension benefits has been dismissed as he withdrew his appeal prior to a decision.

The Board has determined that new and material evidence has not been received to reopen the appellant's claim for recognition as the Veteran's surviving spouse, thus denying her petition.

The Board has determined that the appellant does not have a current diagnosis of chronic residuals of syphilis and therefore, service connection for this condition is denied.

The Veteran's service-connected left knee disability, characterized by painful motion limited to 110 degrees of flexion and full extension, does not meet the criteria for a higher rating under any applicable diagnostic codes. The current 20 percent evaluation is maintained.

The Board denied the Appellant's request for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service in the United States Armed Forces.

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

The Board has remanded the case for further development due to incomplete compliance with previous instructions, including verification of herbicide exposure in Thailand.

The Veteran's initial increased rating claims for post status stress fractures of the bilateral tibias are being remanded due to the need for additional examination and evaluation.

The Board has granted the Veteran's appeal, finding that he did not make 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.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized private medical treatment because there was no prior VA authorization and the treatment did not constitute an emergency. The evidence showed that the Veteran had other service-connected disabilities, but his condition at the time of the treatment was not considered to be an emergent situation.

The Veteran's appeal was dismissed due to the death of the appellant, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has granted the appellant's eligibility as a surviving spouse for DIC benefits and has also granted her petition to reopen service connection for the cause of the Veteran's death, finding new evidence sufficient to meet the criteria for reopening.