Other conditions decisions — 2013

The Board determined that the Appellant is not recognized as the Veteran's surviving spouse for VA benefits due to her divorce from the Veteran and lack of a valid marriage prior to his death.

The Board granted service connection for the residuals of a stroke as secondary to service-connected Type II Diabetes Mellitus, effective from July 8, 2002. The RO then assigned a 10% disability rating retroactively effective from August 20, 2007.

The Board found that the reduction of the disability ratings for right and left hand tendonitis was proper, as there was improvement in symptoms with no evidence of material improvement warranting a higher rating.

The Board has restored a 20 percent rating for the Veteran's service-connected peripheral vascular disease of the left lower extremity, effective from May 29, 2008.

The Board found that the Veteran's apportionment of VA benefits was proper until November 1, 2009 due to his financial hardship and inability to pay child support.

The Veteran's appeal is being remanded for further examination and consideration of his service-connected cold weather injuries of the bilateral lower extremities.

The Board found that the appellant is not a child of the alleged Veteran and thus, is not entitled to VA death benefits. The appeal was denied.

The Veteran's service-connected fracture residuals of the right third metatarsal are currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.

The Veteran's claim for nonservice-connected disability pension is denied as he does not meet the legal eligibility requirements due to his service being less than 90 days during a period of war and he has no service-connected disabilities.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the FVEC Fund, and thus denied the claim.

The Board denied the appellant's claim for retroactive Dependents' Educational Assistance (DEA or Chapter 35) benefits, stating that his application was not received within one year of the initial rating decision establishing his eligibility.

The Veteran's waiver request for overpayment of VA nonservice-connected pension benefits was denied in a January 2012 administrative decision. The Veteran filed a notice of disagreement on the over payment of VA benefits, encompassing both a challenge to the validity of the underlying debt and a request for a waiver of recovery.

The Board finds that the appellant is not entitled to recognition as the Veteran's surviving spouse for VA purposes due to her divorce from the Veteran prior to his death in November 2007.

The Board found that the Veteran's current left leg disorder (osteoarthritis) and left hip disorder (gout) did not manifest in service or for more than three decades thereafter, and the preponderance of the competent evidence is against a finding that these currently diagnosed disorders are related to his period of active service.

The Board finds that the evidence is in equipoise as to whether the Veteran's squamous cell carcinoma of the left tonsil is due to his active service, including exposure to Agent Orange. As such, the claim for service connection is granted.

The Veteran's claim for service connection for degenerative joint disease with spinal stenosis and foraminal narrowing, L4/5 and L5/S1 is being remanded due to the need for additional development including a VA examination and retrieval of relevant medical records.

The Veteran's unauthorized medical treatment from February 3, 2004 to February 5, 2004 at Lakeland Regional Medical Center was authorized due to the emergent nature of his symptoms and the lack of availability of VA facilities.

The Board found that the Veteran's condition did not meet the criteria for an emergency, and thus denied his claim for reimbursement of unauthorized medical services.

The Veteran's service-connected recurrent vaginitis is rated at a noncompensable (0%) disability rating, which has been increased to a 10% disability rating effective January 2, 2008.

The Board has determined that the Veteran's current left upper extremity numbness is not related to his military service or a service-connected disability, and thus cannot be granted service connection. The initial ratings for his shoulder disability have been assigned based on the evidence of record.