Other conditions Board decisions

The veteran's claims for increased evaluations of his service-connected patellofemoral syndrome of the left and right knees, as well as an extension of a temporary total rating due to surgical convalescence, were denied by the Board.

The veteran seeks service connection for idiopathic progressive right hemibody spasticity, claimed as due to in-service herbicide exposure. The RO denied the claim based on a finding that the disability was not first shown in service and is not one of the listed diseases for which service connection is presumed based on in-service herbicide exposure. The case is REMANDED for further development.

The VA has determined that the veteran's service-connected thyromegaly does not meet the criteria for a compensable disability rating, as it does not involve tachycardia or tremor and has not required continuous medication for thyroid control.

The Board found that the evidence did not connect the veteran's current right hip disability with an event in service, and denied his claim for service connection.

The veteran's claims for increased evaluations for his service-connected shrapnel wounds to the left leg, thigh, and sacral region were denied as there is no evidence of additional disability warranting higher ratings.

The veteran's eligibility for Survivors and Dependents Educational Assistance (DEA) under Chapter 35, Title 38, United States Code, ends at the appellant's 31st birthday on May [redacted], 2004. The appeal is denied.

The Board has remanded the case due to a failure to consider whether new and material evidence was received to reopen the previously denied claim of legal entitlement to VA benefits based on the character of the appellant's discharge. The RO should ensure that all relevant VCAA notice requirements are met, including informing the appellant about what evidence would be necessary to substantiate the basis for the prior denial.

The Board denied increased disability ratings for residuals of cold injury of the right and left lower extremities, finding that the current 30 percent rating adequately reflects the veteran's symptoms.

The veteran and his former spouse have a minor child in their custody. The appellant has demonstrated hardship, and the Board finds that an apportionment of the veteran's compensation benefits for the child is appropriate.

The Board has denied the veteran's claims for service connection for residuals of a pelvic injury and a bilateral leg disorder. The veteran is not entitled to an initial evaluation in excess of 10 percent for migraine headaches.

The Board has determined that the February 1995 decision contained CUE and granted service connection for the cause of the veteran's death effective from February 16, 1995.

The Board denied the veteran's claim for service connection for loss of teeth due to dental trauma resulting from a service-connected gunshot wound to the chin, finding that new and material evidence had not been submitted.

The Board has determined that the veteran's current bilateral defective hearing does not meet or approximate the criteria for a compensable evaluation.

The veteran's claim for payment or reimbursement of unauthorized medical expenses for treatment received at St. Francis Hospital from February 20, 2004 through February 23, 2004 is granted due to the emergent nature of his myocardial infarction and the lack of feasible VA facilities.

The Board has granted the veteran's motion for advanced placement on the docket and remanded the case to obtain complete dental treatment records from private dentists and VA facilities, as well as a determination of whether any dental services were rendered in an emergency situation.

The Board found that the veteran's service-connected bronchiectasis has resolved, and his current respiratory symptoms are related to chronic obstructive pulmonary disease (COPD) due to a long history of smoking. As such, he does not meet the criteria for an increased rating.

The veteran's prostatitis and urethritis are currently rated as 20 percent disabling for voiding frequency, which is the highest rating available under current criteria. His epidermatophytosis of the hands and feet remains at a 10 percent rating.

The Board has ordered the case to be remanded for further investigation into the appellant's service records and alternative names or numbers used.

The veteran's claim for service connection for cancer of the stomach has been dismissed due to his death.

The veteran's overpayment of VA compensation benefits is denied as recovery would be against equity and good conscience.