Other conditions Board decisions

The Board has determined that the veteran's death was caused by his service-connected conditions, including Acute Myelogenous Leukemia (AML), Myelodysplastic Syndrome, and Macrocytic Anemia, which were likely due to Agent Orange exposure during service. As such, the appeal for service connection for the cause of the veteran's death is granted.

The veteran's claims for service connection for colon diverticula, infertility, and eye disorders (conjunctivitis) due to radiation exposure were denied. The claim for an effective date prior to April 15, 2004, for a higher evaluation of his discoid lupus with alopecia is also denied.

The veteran's nerve damage to his left hand, resulting from a VA surgical procedure in January 2004, is not considered an additional disability caused by VA carelessness, negligence, or lack of proper skill. The Board finds that the event was reasonably foreseeable.

The Board has determined that the appellant's death pension benefits were improperly terminated due to excess countable income, and thus remanded for further action.

The Board has determined that a VA medical opinion is needed to determine if the veteran's esophageal cancer was related to service, including exposure to ionizing radiation. The case will be remanded for further development.

The veteran's service-connected residuals of C-4 fracture are not rated higher than 40 percent, and he does not have a service-connected bilateral hearing loss or tinnitus.

The veteran's overpayment of compensation benefits was denied because the failure to recover it would not be against equity and good conscience, given his financial situation and lack of fault.

The Board has remanded the case for a travel Board hearing at the RO. The veteran's request for service connection for spondylolisthesis and spondylosis, L5-S1 is pending.

The veteran died in April 2005, and the appellant was divorced from him at that time. Therefore, she cannot be considered his surviving spouse for VA benefit purposes.

The Board has determined that the veteran's service-connected conversion reaction does not meet the criteria for a higher disability rating than 10 percent.

The Board has determined that the veteran's death was not caused by a disability incurred or aggravated in service, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has remanded the case due to insufficient medical evidence and a need for further examination to determine if the veteran's current right hip disorder is related to his service, specifically the helicopter crash in January 1967.

The veteran's service did not qualify him for nonservice-connected death pension benefits, and the appellant's claim for accrued benefits was not timely filed.

The claim for payment or reimbursement of unauthorized medical expenses incurred at the University of Arkansas for Medical Sciences Medical Center was denied due to non-return of a request for additional information from UAMS.

The Board has determined that additional development is needed to verify the appellant's claimed period of active service, which could affect their eligibility for nonservice-connected disability pension benefits.

The Board has determined that the veteran's service-connected gastric ulcer with ulcerative colitis warrants a maximum assignable 100 percent rating.

The Board has decided to remand the case for additional development, including providing proper VCAA notice and obtaining medical records from Dr. Perez.

The case is being remanded for additional development to address the veteran's eligibility for educational assistance benefits under Chapter 32, and to clarify whether he converted his Veteran's Educational Assistance Program (VEAP) contributions to Chapter 32 benefits.

The Board has determined that the veteran's condition required continued hospital care from February 23, 2005 through February 24, 2005 at Baptist Medical Center due to his medical instability and risk of sepsis. As VA facilities were not feasibly available during this period, payment or reimbursement for these expenses is granted.

The veteran's claim for service connection for hearing loss is inextricably intertwined with his eligibility for enrollment in the VA healthcare system. The Board has therefore remanded both claims to allow for further adjudication.