Other conditions Board decisions

The Board has granted a waiver of recovery of the overpayment debt, finding that recovery would be against equity and good conscience due to the Veteran's circumstances.

The Board denied a request for an earlier effective date of May 11, 2010 for the award of additional compensation paid to the Veteran's dependent spouse. The decision stated that the earliest possible effective date was May 11, 2010 due to the submission of the required VA Form 21-686c and marriage certificate.

The Board has reopened the Veteran's claim of service connection for a skin disorder and found that new and material evidence has been received. However, the Board denied the underlying claim as there is no competent medical evidence linking the current skin condition to service.

The Board finds that the Veteran was not a fugitive felon from December 27, 2001 to September 21, 2006 and thus his VA disability compensation during this period was improperly suspended. The appeal is granted.

The Board has determined that the Veteran's diminished coordination is not related to his active duty service and does not qualify as an undiagnosed illness or a medically unexplained chronic multisymptom illness. The issues of entitlement to service connection for left lower extremity peripheral neuropathy, night sweats, bilateral hearing loss, back disability, right knee disability, and bilateral foot disability are addressed in the REMAND portion of this decision.

The Veteran's claim for service connection for arthritis, including psoriatic arthritis, secondary to his service-connected psoriasis is being remanded due to the need for additional development and examination.

The appeal has been withdrawn by the appellant before a decision was made.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding whether the Veteran's substance abuse was caused or aggravated by his service-connected PTSD.

The Veteran's right thumb laceration required immediate treatment on February 15, 2013. The closest VA facilities were not feasibly available and would have resulted in a delay that could be hazardous to his health. Therefore, the Board finds that reimbursement for unauthorized medical expenses is granted.

The Veteran's loss of teeth, dental caries, and root deterioration are professionally determined to be aggravating his service-connected sinusitis and are having a direct and material detrimental effect upon the sinusitis. The claim for VA outpatient dental treatment is granted.

The Veteran's unauthorized medical treatment for a service-connected condition was found to meet the criteria for reimbursement under 38 U.S.C.A. § 1728, and thus reimbursement is granted.

The Board found that the Veteran's joint aches, other than due to fibromyalgia and bilateral CTS, are likely related to an undiagnosed illness during his service in the Persian Gulf War.

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

The Board has remanded the case for further development and to ensure due process. The Veteran's claim will be reconsidered, including consideration of records from Dr. W. Corsini in May 2001.

The Board has determined that the Veteran's remains are unavailable and thus meets the criteria for a Government-furnished memorial headstone or marker.

The Board has determined that the Veteran's right inguinal hernia, which was repaired during service and again shortly after discharge, is related to his active duty service.

The Board found no evidence of a chronic left elbow disability during service and concluded that the Veteran does not currently have a left elbow disorder. The VA examiner opined that any current left elbow condition is less likely than not related to service.

The Veteran's service-connected bilateral inguinal hernias result in marked interference with employment, and the schedular ratings are inadequate. The Board grants an initial extraschedular rating of 40 percent for post-operative residuals of bilateral inguinal hernias with a history of left varicocele and groin muscle strain.

The Board denied the appellant's eligibility for VRAP benefits due to his last discharge from service being under other than honorable conditions due to misconduct, specifically drug abuse and unauthorized absence.

The Board has reopened the appellant's claim for recognition as the surviving spouse of the decedent for VA purposes, but denied the claim on the merits.