Other conditions decisions — 2012

The Veteran's claim for payment or reimbursement of unauthorized medical expenses for ground ambulance transport services provided on January 23, 2003 is denied as he did not meet the criteria under VA regulations.

The Board found that the appellant's request for a waiver of recovery of an overpayment in the amount of $1,942.00 was not timely filed and denied her claim.

The Veteran's degenerative joint disease at L4-L5 and L5-S1 has been rated as 20 percent disabling since September 23, 2002. This rating is appropriate based on the current criteria for evaluating intervertebral disc syndrome.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Board has determined that the Veteran's right shoulder disorder, characterized as partial supraspinatus tear, SLAP tear, and acromioclavicular degenerative joint disease, meets the criteria for a 20 percent initial evaluation since April 28, 2008.

The Board has determined that the Veteran does not have a left eye disorder related to service, and therefore denied her claim for service connection. The issue of service connection for asthma is addressed in the REMAND portion.

The Board found no current diagnosed skin disability or memory loss and thus denied service connection for both conditions.

The Board has determined that the Veteran's service connection claim for left ear otitis media and otitis externa is granted, as there is evidence of a current disability, in-service incurrence or aggravation, and continuity of symptoms since service.

The Board denied the Veteran's claim of service connection for joint pain, finding that new and material evidence had not been submitted to reopen his previously denied claim.

The Veteran's appeal is being remanded for additional development of his right leg phlebitis claims, including obtaining medical records and arranging for a VA examination. His TDIU claim is also being addressed.

The Board is remanding the case to obtain Social Security Administration (SSA) disability records, as these records are needed for evaluation of pending claims and must be obtained.

The Board has determined that the Veteran was a fugitive felon and suspended his compensation benefits from December 27, 2001, to June 16, 2004. The case is being remanded for further action including scheduling a Travel Board hearing.

The Board has granted the Veteran's claim for service connection for NASH, finding that it is at least as likely as not related to his service-connected disabilities and medications he took.

The Veteran's death was caused by ischemic heart disease, which is presumed to be due to herbicide exposure. Service-connected PTSD did not cause the Veteran's death but may have contributed substantially or materially to his death. The claim for DIC benefits under 38 U.S.C.A. § 1318 is moot as service connection has been granted. Burial benefits are awarded.

The Board has determined that the Veteran's pancreatic cancer and liver metastases are related to exposure to herbicides, specifically burn pits. As a result, service connection for these conditions is granted as of the date of death.

The Board denied the Veteran's claim for an earlier effective date for nonservice-connected pension benefits, finding that he did not provide sufficient information to establish estrangement from his spouse until after filing his application on October 16, 2007.

The Board denied an extraschedular rating for the Veteran's service-connected residuals of a fracture of the right distal tibia, finding that there was no evidence of marked interference with employment or frequent periods of hospitalization rendering impractical the application of the regular rating schedule.

The Board has remanded the case for a hearing at the RO before a Veterans Law Judge due to the Veteran's request to withdraw his previous request for a hearing in Washington DC.

The claim for accrued benefits is denied as the application was received more than one year after the Veteran's death.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the manifestations and severity of his service-connected epididymitis, left, postoperative, with erectile dysfunction. The claim will be readjudicated following this development.