Other conditions decisions — 2014

The Board has granted service connection for residuals of left foot ganglion cyst removal surgery. However, the claim for nonservice-connected pension benefits was denied as the Veteran does not meet the threshold requirement of wartime service.

The Board has ordered a remand to gather more information about the Veteran's employment status and service-connected disabilities, as well as to schedule him for an examination. The appeal is currently in a pending state.

The Veteran seeks payment or reimbursement for medical expenses incurred at Eastern Idaho Medical Center related to osteomyelitis of the right lower extremity. The appeal is being remanded due to a pending claim for service connection and other development.

The Veteran's appeal is being remanded for additional examinations and consideration of whether referral for extra-schedular rating under 38 C.F.R. § 3.321(b)(1) is warranted.

The Board found that the overpayment of VA educational assistance benefits in the amount of $2,202.63 was properly created due to the Veteran's withdrawal from all courses without mitigating circumstances.

The Veteran's claim for an earlier effective date prior to April 26, 1999 for the assignment of separate 10 percent evaluations for recurrent subluxation of his bilateral knees associated with service-connected chondromalacia was denied as there is no evidence of a formal or informal claim prior to June 17, 1993.

The Board has determined that the debt in the amount of $41,411.83 created due to fugitive felon status was valid and that waiver of overpayment of pension benefits is granted.

The Veteran's right elbow disability is manifested by pain and limited motion, with flexion to 146 degrees at worst. The Board finds that the current rating of 10 percent adequately compensates for his symptoms.

The Board has determined that the Veteran's cause of death, a pulmonary infection due to atrial fibrillation and congestive heart failure, was not caused or contributed substantially or materially by any service-connected disability. The appellant's claim for service connection for the cause of the Veteran's death is denied.

The Veteran's degenerative joint disease of the right and left wrists is currently rated at 10% each, but does not meet criteria for a higher rating based on additional functional loss or other factors. The Board finds no basis to grant an increased disability rating.

The Veteran's post-operative incisional hernia residuals have not manifested as large and not well supported by a belt under ordinary conditions, thus the initial 20 percent rating remains in effect.

The Board has denied the Appellant's claim as he is not a Veteran and therefore ineligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that the Veteran's current bilateral foot disorder is not related to his period of active duty service and denied his claim for service connection.

The case is being remanded for additional development and readjudication, including obtaining updated VA medical records and arranging for a new examination to assess the severity of the Veteran's left great toe disability. The AOJ will also consider whether referral for extraschedular consideration is warranted.

The Veteran's treatment on May 18, 2010 was for a routine follow-up of his March 2010 cerebrovascular accident and atrial fibrillation. The Board denied the claim as there was no prior authorization and the services were not rendered in an emergency situation.

The Veteran is granted an initial 10 percent rating for service-connected uveitis, effective June 3, 2008. The appeal regarding other issues remains pending.

The Veteran's purchase of a computer prior to approval of his rehabilitation plan was not authorized by VA, and thus he is denied reimbursement for the cost.

The Board found that the cause of the Veteran's death, hypoxia due to bronchiectasis, was not caused or contributed substantially and materially by a service-connected disability. The evidence did not link bronchiectasis to active duty service or Agent Orange exposure.

The Veteran's claim for an increased disability evaluation for right hallux rigidus, status post bunionectomy is being remanded due to the need for a new Board hearing.

The Board has determined that the Veteran's upper gastric disability is not related to his service and therefore denied his claim for service connection.