Other conditions Board decisions

The Veteran's reflex sympathetic dystrophy and ulnar hyperesthesia of the right hand is rated at 70 percent, effective from January 31, 2006. The Veteran's residuals of blunt force trauma to the ring and little fingers are not rated higher than 10 percent.

The Board denied the appellant's request for an effective date prior to February 28, 2008, for the grant of service connection for the cause of the Veteran's death. The claim was received more than a year after the Veteran's death.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for purposes of entitlement to death pension benefits due to her remarriage after November 1, 1990.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA hospital on August 26, 2009. The criteria for emergency treatment were not met as there was no evidence that delay in seeking immediate medical attention would have been hazardous to life or health.

The Board has withdrawn the Veteran's request to reopen his claim for service connection for pneumonia. The appeal regarding a disability characterized by memory loss and confabulation, claimed as secondary to in-service pneumonia, remains pending.

The Board has determined that the Veteran's gout of the feet warrants a 20 percent rating, as it shows more than two exacerbations per year without producing definite impairment of health or resulting in incapacitation.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that it was decided on the merits without involving any new evidence or a presumption.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to address the nature, etiology, and severity of his throat cancer. The TDIU claim will also be addressed.

The Veteran's claim of entitlement to a compensable rating for his service-connected duodenal ulcer was denied. His claim of reopening the hiatal hernia claim has been reopened, but the issue of whether service connection is warranted remains unresolved.

The Board found that the Veteran's squamous cell carcinoma of the right tonsil is not service-connected, as there was no credible evidence to support his claim of exposure to ionizing radiation during active duty. The appeal was denied.

The Board has ordered additional development due to incomplete records and the need for a VA examination. The Veteran's claims for service connection are pending.

The Board found that the Veteran's current eye disability, including retained metal fragments in his right eye, is not related to his period of service. The claim for service connection was denied.

The Board found that the Veteran's current neck disability is not related to his service and denied his claim for service connection.

The Veteran's blepharospasm of the left eyelid is rated at a 10 percent disability rating, but no higher.

The Veteran's eligibility for VA education benefits was found to be incorrect, resulting in an overpayment of $2,081.62. The Board determined that the Veteran did not have significant fault in creating this debt and granted a waiver of recovery.

The Board found no evidence of additional disability resulting from VA treatment, and concluded that the proximate cause was not due to VA's fault or foreseeable event.

The Board found that the Veteran's fatal primary dementia was not due to a disability incurred in or aggravated by service.

The Board has determined that the appellant's income for calendar year 2009 did not exceed the maximum annual income limit for death pension benefits with aid and attendance, thus granting her entitlement to these benefits.

The Veteran's residuals of a left leg and hip injury are found to be secondary to his service-connected low back disorder. The initial disability rating for the Veteran's low back disorder is granted at 20 percent.

The Board found that the appellant's discharge was due to willful and persistent misconduct, which constitutes a bar to VA benefits.