Other conditions decisions — 2013

The Veteran's appeal has been dismissed due to the death of the appellant.

The Veteran's unauthorized medical expenses for September 9, 2008 were denied as the treatment was not rendered in a medical emergency and VA facilities were feasibly available.

The Veteran's appeal for service connection for colon cancer, which was denied in a December 2009 rating decision, has been dismissed due to the Veteran's death.

The Veteran's appeal was dismissed due to the death of the appellant during the pendency of the appeal.

The Board denied the Veteran's claims for service connection for a nervous condition/depressive condition and onychomycosis, finding no new and material evidence to reopen the claim of service connection for a nervous condition/depressive condition. The Veteran's onychomycosis was not assigned a compensable rating as it affects less than 5% of his body.

The Board has remanded the case due to a need for additional verification of the appellant's service records. The appeal will be reconsidered after receiving new information from the National Personnel Records Center (NPRC).

The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not meet the criteria for a schedular increase under any applicable diagnostic code. His TDIU claim is also denied due to lack of unemployability evidence.

The appellant's representative withdrew the appeal, and as a result, the case has been dismissed.

The Board has determined that there is insufficient evidence to determine the validity of the overpayment and has therefore remanded the case for further development.

The Board has determined that the appellant's deceased spouse did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II and therefore does not meet the criteria for legal entitlement to VA death benefits.

The Veteran's skin disability is rated at 10 percent, effective April 21, 2009. The Board found that the condition does not meet criteria for a higher rating as it affects less than 5% of his entire body and exposed areas.

The Veteran's appeal for reimbursement of medical expenses has been dismissed due to his death.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not have qualifying service in the Philippine Scouts or a branch of the United States Armed Forces.

The Veteran's countable income from Social Security benefits exceeds the maximum annual pension rate, thus he is ineligible for non-service-connected pension.

The Board found no evidence to support the Veteran's claims for service connection for a disorder manifested by dizziness and an acquired psychiatric disorder, including as secondary to his service-connected left ear hearing loss. The claims were denied.

The Veteran's service connection claim for bilateral foot fungus, to include onychomycosis, is granted due to the benefit of doubt being resolved in his favor.

The Board has determined that additional development is necessary due to unclear opinions regarding the Veteran's pre-existing benign prostatic hypertrophy and its relation to his fourth period of service. The case is therefore remanded for an addendum statement from the July 2012 VA examiner.

The Board found no credible evidence linking the Veteran's neck and left arm disorders to service, including a motor vehicle accident in service. The preponderance of evidence is against these claims.

The Board found that the Veteran's pre-existing left eye disorder did not undergo a permanent increase in disability as a result of active service, nor was it due to disease or injury incurred in or aggravated by service. Therefore, the claim for service connection for a left eye disorder is denied.

The Board found that the Veteran's arteriovenous malformation (AVM) was not incurred or aggravated by service, as there is no evidence of a disease or injury during service and the condition preexisted service. The AVM rupture occurred two years after separation from service.