Other conditions Board decisions

The veteran's claim for VA payment of emergency medical services received at Nassau University Medical Center is denied because the veteran had Medicare coverage, which provided partial payment for the treatment.

The veteran is seeking an increased evaluation for his service-connected residuals of a right clavicle fracture. The RO granted service connection and assigned a 20 percent rating, effective February 24, 2003. However, the veteran contends that his disability is more severe than what is currently rated.

The Board has denied the veteran's claim for an increased disability rating for his service-connected right neck shell fragment wound and a separate compensable disability rating for his service-connected right thigh donor site scar.

The Board denied an increased evaluation for residuals of hypoplastic lymphatics, right foot, finding that the disability does not warrant a rating higher than the current 40 percent.

The veteran's arthritis of the first metacarpal phalangeal joint of each foot and reflex sympathetic dystrophy of the feet are found to be related to cold exposure during his active military service, warranting a grant of service connection.

The Board denied the veteran's claim for an increased rating for recurrent abdominal hernia, finding that there is no current evidence of a hernia and that the preponderance of the evidence is against his claim.

The Board found no evidence of a current ear disability and denied the claim for service connection.

The Board has determined that an effective date earlier than August 18, 2000 for the grant of service connection for chronic prostatitis is denied. The RO's decision was properly awarded as of the date of receipt of the reopened claim.

The Board denied the appellant's claim for waiver of recovery of an overpayment of compensation benefits in the amount of $778.00, finding that recovery would not be against equity and good conscience.

The Board finds that the preponderance of evidence does not support a finding that the veteran's atrial fibrillation is related to service or any service-connected disability, and thus service connection for this condition cannot be granted.

The Board has determined that the preponderance of the evidence is against a higher rating for mechanical back strain, as it does not meet the criteria for a rating in excess of 10 percent since August 12, 2000.

The Board denied service connection for an ear disability manifested by earaches and wax build-up, but granted a compensable rating for bilateral hearing loss and assigned an effective date of April 30, 2001 for the grant of service connection for tinnitus.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that new and material evidence had not been received.

The Board has granted a 10 percent rating for the veteran's pathology of the macula of the left eye, effective from the date of this decision.

The veteran's appeal from the May 24, 2002 rating decision was timely filed.

The veteran's appeal is being remanded due to procedural issues and the need for additional evidence, including information about treatment since discharge from service.

The Board has determined that the appellant's discharge from active military service was issued under dishonorable conditions due to an offense involving moral turpitude, and thus acts as a bar to the receipt of VA benefits.

The Board has determined that the claim to reopen a lung disorder service connection is remanded due to procedural errors in the initial denial and lack of proper VCAA notice.

The Board has determined that the veteran's defective vision of the left eye, secondary to optic nerve injury, does not warrant a compensable evaluation as it is attributed to non-service-connected conditions and there are no current residuals of his service-connected optic nerve injury.

The Board found that the effective date for the grant of TDIU should be April 30, 2003, as there was no evidence showing entitlement to earlier effective dates prior to this date.