Other conditions decisions — 2014

The Board has determined that the prior 2000 denial of DEA benefits was clearly and unmistakably erroneous, and has granted an extension of the delimiting date for the appellant's DEA benefits under 38 U.S.C.A. Chapter 35 from April 2000 to July 2005, and prospectively until July 26, 2013.

The Veteran's death was not service-connected, and he did not meet the criteria for burial benefits as his body was claimed by his sister and there were no pending claims at the time of his death.

The Veteran's death was not due to a service-connected disability, and he did not receive any VA compensation or pension benefits at the time of his death. Therefore, the appellant is denied nonservice-connected burial benefits.

The appellant is not recognized as the surviving spouse of the Veteran for the purpose of VA benefits, and her claim for nonservice-connected death pension benefits has been denied.

The Veteran's unauthorized medical expenses incurred on March 30, 2011 are denied as the condition did not meet the criteria for emergency treatment under VA regulations.

The Veteran's appeals for increased ratings for posttraumatic stress disorder and diabetes mellitus have been withdrawn. The Board has reopened the claim of entitlement to service connection for a skin disorder, but additional development is needed before de novo adjudication can occur.

The Board denied the appellant's request for a waiver of an overpayment of VA death pension benefits in the amount of $8,882.00 due to fault on her part and lack of undue hardship.

The Board found the evidence insufficient to support a reduction of the Veteran's disability rating from 60 percent to 30 percent, effective March 1, 2011. The RO relied on PFT results that did not include post-bronchodilator testing and indicated worsening in the Veteran's pulmonary functioning.

The Board has reopened the Veteran's claim for service connection for a syringomyelia associated with a spinal cord tumor. The evidence received since the November 2004 rating decision is new and material, raising a reasonable possibility of substantiating the claim.

The Board has granted the Veteran's claims of service connection for an eye disorder and loss of teeth, finding that new and material evidence has been received. The Veteran's bilateral cataracts are found to be at least as likely as not aggravated by his service-connected Crohn's disease. His tooth loss is found to have resulted from decay rather than a weakening of the jaw bone.

The Veteran's paralysis of the right hemidiaphragm is found to be proximately caused by his service-connected diabetes mellitus type II, and thus granted service connection for this condition.

The Veteran's appeal for increased ratings for adjustment disorder with depressed mood and service connection for hypertension was denied. The Veteran's adjustment disorder symptoms were found to be productive of occupational and social impairment, but not warranting a higher rating. Service connection for hypertension was also denied as there is no evidence linking the condition to service.

The Board has remanded the case due to a need for an accounting of past-due benefits and clarification on whether cash payments were made to the Veteran, as well as processing the grant of Total Disability Independent Existence (TDIU) effective April 2, 2008.

The Board has remanded the case for additional development, including obtaining treatment records and providing an opinion on whether the Veteran's diabetes mellitus caused or contributed to his death.

The appeal has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Board has determined that the Veteran does not have gout or painful joints (polyarthralgia) due to service, and thus denied both claims.

The Veteran withdrew her appeal for a waiver of overpayment, to include the issue of the validity of the debt.

The Board denied the Veteran's request for waiver of a $9,786.40 overpayment of VA disability compensation due to his fault in creating the debt and found that recovery would not be against equity and good conscience.

The Veteran's claims for increased ratings for right and left hip degenerative joint disease were denied, as the current range of motion does not meet the criteria for a higher rating. Claims for service connection for arthritis of the knees (claimed as secondary to hip disabilities) were also denied.

The Board has remanded the case for further development, including obtaining in-patient records from 1983 related to a hernia and foot fracture. The claims will be reconsidered after this additional evidence is obtained.