Other conditions Board decisions

The Veteran's dysthymic disorder resulted in severe impairment, including virtual isolation and inability to obtain or retain employment. The Board found the severity of his disability approximated a rating of 100 percent from January 21, 1993.

The Veteran's waiver of overpayment claim for an educational benefits overpayment in the amount of $3,000 was denied due to a material misrepresentation and bad faith.

The Board has determined that the Veteran's current back disability, including arthritis, was not incurred in or aggravated by service and cannot be presumed to have been so incurred. The preponderance of evidence does not support a finding that the Veteran's current back disability is related to his military service.

The Board has remanded the case due to inadequate medical opinion and needs an adequate VA examination and opinion regarding the relationship between any current hysterectomy residuals and service.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred on February 13, 2009, is denied as the care was not rendered in a medical emergency that would have been hazardous to his life or health if delayed. The claim for April 9, 2010, is granted as VA facilities were feasibly available but prior authorization was not provided.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's claimed arm and leg pain, as well as its relationship to his service-connected lumbosacral strain.

The Board of Veterans' Appeals has remanded the case for further action due to incomplete information regarding the Appellant's eligibility for Chapter 1606 educational assistance benefits. The Education Center is instructed to contact DOD and/or military authorities to obtain a determination on her eligibility, as well as determine if her reservist unit was inactivated during the specified period or if she returned to the Selected Reserve within one year of discharge.

The Veteran's service-connected residuals of a fracture of the right distal fibula are currently rated at 20 percent, which is the maximum schedular rating available for limitation of motion of the ankle. The disability does not manifest with anklyosis, os calcis, or astragalus, malunion of the ankle, or in knee disabilities, or arthritis, and does not interfere with her employment or require frequent hospitalization.

The case was dismissed due to the death of the appellant, who was the Veteran's wife. The Board has no jurisdiction to adjudicate the merits of this claim as the appellant is deceased.

The Veteran's claim for an increased rating for chronic airway obstruction, with pulmonary lesions and pleural thickening is denied as his disability does not meet the criteria for a higher schedular evaluation.

The Board has determined that there is not substantial compliance with the December 2009 remand and requires additional development, including obtaining medical records from private providers and a VA examination to determine the etiology of any current skin disability. The appeal will be remanded for these actions.

The Veteran's heart disability was rated at 10 percent prior to February 3, 2010, and increased to 60 percent effective from that date.

The Board found that the Veteran's cause of death was not caused or contributed substantially to by a disability incurred in service, including exposure to asbestos. The evidence did not confirm asbestosis and lung cancer may not be presumed to have been incurred therein.

The Board found that the overpayment of Chapter 31 benefits was not validly created due to VA administrative error, and thus the debt is invalid.

The Veteran's dizziness is not service-connected as it did not occur during his military service and there is no evidence linking it to a service-connected condition. The Board also found that the Veteran's dizziness was not secondary to his service-connected hearing loss and tinnitus.

The Veteran meets the basic eligibility requirements for educational assistance benefits under Chapter 30, Title 38, United States Code, due to his involuntary separation from service after completing two years and eight months of active duty. His physical conditions (overweight, excess fat, incapacity to perform sit-ups satisfactorily, and incapacity to perform a two-mile run) were found not to be the result of willful misconduct but interfered with his performance of duty.

The Veteran's service-connected right forearm injury, status post surgical repair, results in significant interference with his employment as a barber. However, the evidence does not demonstrate that this disability picture is so exceptional or unusual as to render impractical the application of the regular schedular standards.

The Veteran's appeal is being remanded for further development, including obtaining updated VA examination and treatment records, and considering his TDIU claim.

The Veteran's appeal is remanded for a more detailed accounting of the characterization of his VA disability benefits that were to be paid, effective July 27, 2004 through October 31, 2004, and subsequent to November 1, 2004. The impact of an earlier effective date for service connection for right knee disability on the appeal is also discussed.