Other conditions Board decisions

The Veteran's claim for an increased rating for his service-connected right ankle fracture is denied as the evidence does not show that his disability warrants a higher evaluation.

The Board has decided to remand the case due to the need for additional clarification and examination, particularly regarding the Veteran's gastrointestinal disability.

The appeal is being remanded for additional development of the evidence, including scheduling a hearing at the local VA office.

The Board has determined that additional development is needed to address the appellant's claim regarding service connection for the cause of the Veteran's death, specifically whether the malaria residuals caused or contributed to his liver cancer.

The Board denied the Veteran's request for a waiver of overpayment of pension benefits, finding that he was solely at fault in creating the overpayment due to his failure to inform VA of his incarceration. Recovery would not be against equity and good conscience.

The Board has determined that the Veteran's service-connected residuals of fractured right ring and little fingers do not warrant an increased compensable rating as there is no evidence of unfavorable or favorable ankylosis, nor any limitation of motion.

The Veteran's PLS is granted on a presumptive basis due to the VA Medical Center West Palm Beach neurologist's opinion that it is more likely than not a subset or variant of ALS. His mood disorder with depressive features is also granted as secondary to his PLS. The claim for transitional cell carcinoma of the bladder post left nephrectomy remains pending and requires additional development regarding exposure to asbestos.

The Board has found that a timely Notice of Disagreement (NOD) was filed with respect to the October 2008 rating decision denying service connection for the cause of the Veteran's death. The issue is remanded for issuance of a Statement of the Case.

The Veteran's death was not caused by a service-connected disability, and the appellant is not eligible for nonservice-connected death pension benefits.

The Board dismissed the appeal as the appellant withdrew it.

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.