Other conditions decisions — 2015

The Veteran's disability manifested by pain of multiple joints in the upper and lower extremities is presumed to be related to his service due to an unexplained chronic multisymptom illness, warranting a 10% rating.

The Veteran's appeal is being remanded to the Agency of Original Jurisdiction (AOJ) for a DRO hearing. The case will be returned to the Board after the hearing.

The Veteran's unauthorized medical expenses for a condition aggravating a service-connected disability were reimbursed as VA or other federal facilities were not feasibly available.

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

The Veteran's injury to flexor muscles of the right elbow is manifested by constant pain, flare-ups lasting up to 60 minutes, and some functional impairment. The Board finds that a rating in excess of 10 percent under Diagnostic Code 5305 for muscle injuries is not warranted.

The Board denied the Veteran's claims for service connection for residuals of an injury to the forehead and right eye condition, as well as his claim for reopening a low back disability. The rating for diabetes mellitus was also denied. Separate ratings were granted for gout.

The Board has determined that additional development is needed to determine the cause of the Veteran's current foot drop, incontinence, and sexual dysfunction following his April 2006 lumbar fusion surgery. The service connection claim for PTSD will also be remanded as there is no medical opinion regarding its etiology.

The Board has determined that the Veteran does not have current disabilities of typhus fever or an ear drum injury, and thus service connection cannot be granted.

The Board finds that the Veteran's loss of a tooth is not due to trauma or disease such as osteomyelitis, and therefore, compensation for this dental disability is not warranted.

The appellant is not eligible for VA non-service-connected death pension benefits as the surviving child of her deceased Veteran, who served as a recognized guerrilla. The Board finds that she does not meet the criteria for eligibility due to her age and lack of evidence showing permanent incapacity before 18 years old.

The appellant's income exceeds the maximum allowable for death pension benefits, thus she is not eligible for these benefits.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of records.

The Board has remanded the case due to a lack of documentation for the cost of the burial plot, and the appellant is given one more opportunity to provide such information.

The Veteran died in March 2011 and was buried in a National cemetery. The appellant applied for nonservice-connected burial benefits, but the claim is denied as none of the criteria for payment of such benefits are met.

The Veteran's appeal is being remanded due to the need for a Board hearing at the RO. The case will be returned to the AOJ after the hearing.

The Board has decided that the Veteran's claim for service connection for a pulmonary disorder, including as due to asbestos exposure or secondary to sleep apnea, needs further development and is being remanded to the RO.

The Board denied the Veteran's claim for an apportionment of his VA compensation benefits in excess of $240.00 a month, finding that it would cause undue hardship to the Veteran and thus not warrant such an apportionment.

The Board has remanded the case due to a need for additional evidence regarding the appellant's claimed second marriage and divorce, as well as her eligibility for DIC benefits.

The Veteran's appeal for a higher evaluation for his right hip disability, which is rated at 90 percent under the schedular criteria, has been denied by the Board. The current rating adequately reflects the severity of his symptoms including limitation of motion, chronic pain, and weakness.

The Veteran's overpayment of VA non-service-connected pension benefits was not due to fraud, misrepresentation or bad faith. However, recovery of a portion of the $117,494.13 overpayment would be against equity and good conscience and therefore may be waived.