Other conditions Board decisions

The Board found that the veteran's failure to promptly notify the RO of his daughter's DEA election led to an overpayment, but also noted a delay on the part of VA in correcting this issue. The Committee on Waivers and Compromises granted a partial waiver for $2,156, leaving a remaining debt of $2,196.20.

The veteran's purchase of a van in 2002 is not considered an allowable medical expense for VA pension purposes.

The veteran's low back condition, which has been rated at 40 percent since April 17, 2003, is not found to warrant a higher evaluation due to the lack of incapacitating episodes or unfavorable ankylosis.

The Board has remanded the case for a hearing at the RO and further development.

The veteran's appeal is being remanded due to the need for proper VCAA notice regarding an earlier effective date.

The Board has reopened the claim for service connection for PTSD and found that there is sufficient new and material evidence to support this claim. The veteran's in-service stressors have been verified, and his PTSD was incurred during active military service.

The Board found that the veteran's death was not caused or contributed to by any service-connected disability, and denied the claim for service connection for the cause of the veteran's death.

The Board has determined that new evidence submitted since the September 2002 rating decision does not provide a basis to reopen the claim for service connection for left foot disorder with secondary disorders of the back, rib, and legs. The veteran's assertions alone cannot serve as 'new and material' evidence.

The veteran's small bowel obstruction, hiatal hernia, and recurrent ventral incisional hernia have been assigned a single 40 percent evaluation. A separate compensable rating is not warranted for the veteran's small bowel obstruction or associated scars.

The Board has reopened the veteran's claim of service connection for CML due to new and material evidence. However, it remains denied as there is no direct or presumptive link between his exposure to Agent Orange in Vietnam and his current condition.

The Board has ordered additional development of the record, including obtaining medical records and scheduling a VA examination. The propriety of reducing the evaluations for Achilles tendonitis of both feet is also remanded.

The veteran's application for enrollment in the VA health care system was denied because he is assigned to Priority Group 8 and applied after January 17, 2003.

The Board found that the appellant is not recognized as the veteran's surviving spouse for VA purposes due to the divorce and lack of valid cohabitation.

The veteran's claim for payment of unauthorized medical expenses for services rendered at Munroe Regional Medical Center in Ocala, Florida, on August 29, 2004 is granted. The decision supports the veteran's argument that VA provided authorization for non-VA care and that the emergency nature of his condition made it necessary to seek treatment elsewhere.

The Board has remanded the case for additional development, including obtaining an opinion on whether the decubitus ulcer was a reasonably foreseeable event and readjudicating both claims.

The Board has granted an effective date of January 29, 1993 for the award of service connection for scleroderma secondary to service-connected asbestosis.

The Board found that the veteran's nicotine dependence began during service and is a disease for VA benefits purposes. However, there is no evidence linking his current respiratory disorder to his tobacco use in service or due to nicotine dependence.

The Board found that the veteran's squamous cell carcinoma of the neck was not caused by service or herbicide exposure, and thus denied service connection for the cause of his death.

The Board has determined that the veteran's right eye disability became manifest during his first period of service and is related to events in service, granting entitlement to service connection for a right eye disability.

The veteran's claims for increased disability ratings for her service-connected right foot conditions have been denied as the current combined rating does not allow for an increase.