Other conditions decisions — 2012

The claim for a one-time payment from the FVEC Fund is denied as the appellant does not meet the requisite legal requirements to establish eligibility.

The Board has denied the claim for reimbursement of last sickness and burial expenses as there is no evidence showing that the Appellant paid any final expenses. The Appellant's mother died in April 2008, but VHC coordinated care rather than providing medical or nursing services.

The Board found clear and unmistakable error in denying the claim to reopen for service connection for the cause of the Veteran's death, thus reopening the claim.

The Veteran's unauthorized private medical expenses incurred from February 21 to 23, 2010 were denied as the treatment was not for a service-connected disability and VA facilities were feasibly available.

The Veteran's request for a waiver of overpayment of nonservice-connected pension benefits in the amount of $41,000.00 was timely filed and is now being considered by the Department of Veterans Affairs.

The Veteran was denied service connection for Raynaud's disease as there is no evidence of a current disability, and the Board finds that the Veteran did not have Raynaud's disease during his active duty service.

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

The Veteran's degenerative joint disease of the thoracic spine resulted in limited range of motion and no incapacitating episodes, warranting a 20% disability rating.

The Board denied service connection for residuals of shell fragment wounds to the right side of the body, finding no evidence of such injuries during or after service. Service connection was granted for residuals of shell fragment wounds to the left side of the body.

The Veteran's status-post operative fracture of the mandible was manifested by bilateral condylar wear with significant reduction of condyle, severe osteoarthritis of the left temporomandibular joint with moderate fibrous ankylosis, an interincisal range from 12 mm to 45 mm, lateral excursion ranges as low as 2 mm to 4mm, and functional impairment including limited bite strength secondary to pain, disturbed sleep, painful chewing, and use of a splint. The criteria for a schedular evaluation greater than 30 percent have not been met.

The Veteran's medical expenses for anesthesiological and radiological services provided at The Bowling Green Medical Center from December 17, 2006 to January 4, 2007 are now covered by VA.

The Board has determined that a VA examination is necessary to determine whether the Veteran currently has a skin disorder of the feet that developed in service. The case is REMANDED for further development.

The Veteran claims left leg thrombosis is related to his military service, including herbicide exposure and diabetes mellitus. The Board finds a VA examination is necessary to clarify the nature and etiology of the claimed condition.

The Board found that the Veteran's current coordination disturbance and weakness disorder of the bilateral hands did not originate in service or for many years thereafter, and is not related to any incident during active service. As such, the claim for service connection was denied.

The Board has reopened the Veteran's claim for service connection for low back disorder and granted service connection based on evidence showing that his current spondylolisthesis, spinal stenosis, and spondylosis are related to his military service.

The Veteran's gout was rated at 20% prior to November 27, 2010. Since then, the condition has been rated as 40%, reflecting active process with incapacitating exacerbations occurring three or more times a year.

The Veteran's appeal was dismissed due to the death of the claimant.

The Veteran seeks service connection for a respiratory disorder, which he contends is related to his military service. The Board finds that the Veteran has not been afforded an appropriate VA examination and requests have not been obtained from all relevant sources. Therefore, the case is REMANDED for further development.

The Board found that the Veteran did not properly complete her VA Form 22-1990, which was submitted in December 2009, and therefore it does not constitute an irrevocable election of Chapter 33 Post-9/11 GI Bill benefits. As a result, she is denied.

The appellant's appeal was dismissed due to his death, and no jurisdiction remains for the Board to adjudicate the merits of the claim.