Other conditions decisions — 2013

The Veteran's external resorption of teeth numbered 11 and 12 is considered a known complication of the maxilla osteotomy performed in September 1968, which was deemed to be an elective procedure. The Board found that the surgery met the standards of care at the time.

The Veteran's claims for increased ratings for residuals of multiple shell fragment wounds to the right buttock and right leg are being remanded due to inadequate development of evidence, including VA examinations conducted since 2008.

The Board has determined that the Veteran's bilateral foot disability is not related to his active service and therefore denied both issues of entitlement to service connection for right and left feet.

The Board denied the appellant's claim for accrued benefits, finding that she is not entitled to such benefits as a child of the Veteran and did not bear the expenses of his last sickness or burial.

The Board has determined that the Veteran's cause of death was due to his exposure to herbicides, specifically Agent Orange, which led to the development of Acute Myelogenous Leukemia (AML). As a result, service connection for the cause of the Veteran's death is granted.

The Board has ordered additional diagnostic testing and a new opinion from the VA examiner to determine if the Veteran's current esophagus disability, including dysphagia, is related to his service-connected cervical spine disability. The case will be returned for further review.

The Board has determined that new and material evidence has not been received to reopen the claim regarding the character of the appellant's discharge, which remains a bar to VA benefits.

The Veteran's dysthymic disorder has been granted a 50 percent rating effective April 29, 2009. The disability remains at the highest possible schedular rating under current criteria.

The Board denied service connection for a dental disorder and a lung disorder as secondary to herbicide exposure. The claims were not reopened due to lack of new and material evidence.

The Veteran's request for service connection for a respiratory disorder has been remanded due to his failure to report for an in-person hearing. The case will be returned to the Board after scheduling a new hearing.

The Board has determined that a remand is necessary to obtain additional service treatment records, verify the Veteran's periods of active duty and ACDUTRA with the Army Reserve, and schedule the Veteran for an eye examination to determine if his current eye disability was incurred or aggravated by his service-connected diabetes mellitus and/or hypertension.

The Veteran's service-connected nonspecific cardiac disability was rated as noncompensable prior to March 31, 2010. From and after that date, the disability is evaluated at a 10 percent rating based on METs of 7-8 with dyspnea upon exertion.

The Veteran's unauthorized medical expenses incurred on September 22, 2008 at Mountain States Health Alliance (Indian Path Medical Center) were denied as the treatment was not rendered in an emergency situation.

The Board has determined that the appellant does not have recognized active military service as required to establish eligibility for FVEC Fund benefits under the American Recovery and Reinvestment Act of 2009.

The Veteran's request for a waiver of overpayment of VA compensation benefits in the amount of $41,794.00 is being remanded due to issues regarding the validity and calculation of the debt.

The Board has reopened the Veteran's claim for service connection due to new and material evidence. The claim is granted as the current skin manifestations are related to sun exposure during active service.

The Board has determined that the prior decision granting pension benefits was in error and is remanding the case for further action.

The Veteran's claim for an earlier effective date for a 10% disability rating for residuals of a left foot fracture is denied as there was no ascertainable increase in the disability within a year prior to the date of receipt of his increased rating claim, and the increase became factually ascertainable on February 6, 2007.

The Board finds that the overpayment debt in the amount of $4,087.87 was proper due to the Veteran's termination of his educational assistance benefits effective March 4, 2011.

The Board has determined that service connection is warranted for the cause of the Veteran's death based on exposure to herbicides. This decision dismisses the claim as there is no controversy at issue.