Other conditions Board decisions

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she did not meet the legal requirements to be considered a surviving spouse under VA regulations.

The Veteran's right ankle disability is currently rated at 20 percent, the highest possible under Diagnostic Code 5271. The Board finds that his condition does not warrant a higher rating as there is no evidence of ankylosis or other factors that would allow for a higher evaluation.

The Board has remanded the case to the RO for a hearing at the Roanoke, Virginia, RO due to the Veteran's relocation.

The Veteran's claims for earlier effective dates for the grants of a compensable rating for impaired hearing and service connection for tinnitus have been denied as there is no evidence that an increase in severity occurred prior to July 21, 2005 or that he filed a claim for service connection for tinnitus prior to this date.

The Veteran's claim for increased ratings for calluses of the right and left feet is being remanded due to inadequate examination in connection with this claim.

The Board found that the Veteran did not have a current respiratory disorder and there was no medical evidence establishing a nexus between any respiratory disorder from which he may be suffering and his in-service asbestos exposure. As such, service connection for disability due to asbestos exposure was denied.

The Board found that the overpayment of $2,995.57 was not properly created due to VA error in judgment and granted a waiver for the overpayment of $168.57.

The Veteran is over the age of 65 and served for more than 90 days during the Korean Conflict, a period of war. He has a combined nonservice-connected disability rating of 60 percent. The Board finds that he meets the requirements for special monthly pension at the housebound rate.

The Veteran's narcolepsy and cataplexy are found to have begun during his military service, specifically while serving in Kuwait. The Board has granted service connection for these conditions.

The Veteran's cause of death was a perforated duodenal ulcer, which he had during service. The Board granted service connection for the cause of death.

The Board denied service connection for the cause of the Veteran's death in December 1999 and found that new and material evidence had not been submitted to reopen the claim. The appellant is now being remanded to address her nonservice-connected pension benefits.

The Board denied the Veteran's claim for a higher rating for his mitral valve murmur, finding that the evidence did not meet the criteria for a rating higher than 10 percent.

The Veteran's claim for VA payment of medical expenses incurred on October 11, 2007 at a private hospital is granted due to the emergency nature of his condition and the unavailability of VA facilities.

The Veteran's cause of death was not service-connected due to lack of evidence linking the esophageal cancer to his service or a service-connected condition.

The Board denied the appellant's claim for death pension benefits, finding that she is not a child of the Veteran and thus not eligible for such benefits. The accrued benefits claim was also denied due to being received more than one year after the Veteran's widow died.

The Veteran's waiver of overpayment request for $5,161.10 in nonservice-connected disability pension benefits was granted because collection would be against equity and good conscience.

The Board denied the appellant's claim to reopen his forfeiture of VA benefits, finding no new and material evidence was submitted. The appeal is dismissed.

The Veteran's Crohn's disease was not caused by VA medical treatment, and any additional disability is not due to a failure of VA care. The Board finds no evidence supporting the claim for compensation under 38 U.S.C.A. § 1151.

The Board found that the appellant did not live continuously with the Veteran from their marriage until his death, and thus could not be recognized as his surviving spouse for VA benefits.

The Veteran's back pain was considered an emergency condition, and the Board found that he had a reasonable expectation of delay in seeking medical attention being hazardous to his health. The decision grants payment or reimbursement for the cost of medical treatment provided on August 29, 2008.