Other conditions Board decisions

The VA denied an initial disability rating in excess of 10 percent for the veteran's service-connected postoperative residuals of a right tibia fracture prior to May 19, 2004. As of May 19, 2004, the VA granted a 20 percent disability rating.

The Board has ordered the case to be remanded for additional development, including scheduling a hearing before a Member of the Board at the Manila RO. The appeal will not be resolved until this is done.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for recognition of his daughter, M.T.R., as a helpless child. The evidence shows that she was permanently incapable of self-support by reason of physical defects prior to age 18 due to polio.

The veteran's request for an increased rating for his service-connected myositis ossificans with an osteochondroma of the right hip is being remanded due to a lack of recent medical records and updated VCAA notice.

The Board has granted a 30 percent evaluation for the service-connected left foot disorder, which is more severe than the previously assigned 20 percent rating.

The veteran's service-connected hip disabilities are currently rated at 10 percent each, and the evidence does not support a higher rating.

The Board found that recovery of the overpayment was against equity and good conscience, granted waiver of recovery for $742.50, and denied waiver of recovery for the remaining amount.

The Board has granted a 20 percent evaluation for the veteran's residuals of a right foot injury, status-post second degree burn of the right lateral foot with incomplete sural nerve injury.

The veteran's spouse, [redacted], was overpaid in the amount of $1,650.00 for apportionment of his compensation benefits paid between October 1, 2002 to August 31, 2003 and is now indebted to the United States Government.

The Board has remanded the case for further development due to new evidence received by the appellant and clarification of her representative status.

The Board has remanded the case for further development, including obtaining medical opinions and examinations to determine the nature of the veteran's skin condition and chest wound disabilities.

The Board denied service connection for right eye enucleation and found the appellant not eligible for nonservice-connected VA pension benefits due to lack of qualifying military service.

The Board has determined that the veteran's service-connected PTSD contributed to his death from cardiac arrest and multiple myeloma, granting service connection for the cause of the veteran's death.

The Board has determined that the overpayment of compensation benefits paid for a dependent spouse between November 1, 1987, and October 1, 1991 was properly created. The veteran's indebtedness is acknowledged, but he contends he should not be liable for an overpayment after June 1989 due to his remarriage.

The Board denied the veteran's claim for service connection for PTSD as there were no verified in-service stressors, and thus the veteran did not meet the regulatory requirements for service connection.

The Board has determined that additional development is needed to determine the cause of the veteran's death and whether his service-connected conditions contributed to it. The case will be returned for further action.

The Board denied the appellant's claim for an effective date prior to January 15, 2003 for restoration of DIC benefits due to lack of receipt of a timely claim after her second spouse's death.

The veteran's claim for payment or reimbursement of medical expenses incurred on September 11, 2003 at a non-VA hospital is being remanded due to the need for further development under specific regulations.

The Board found that the VA facilities were not infeasibly available and that the veteran chose to receive treatment at SLRMC due to dissatisfaction with prior care. Therefore, payment or reimbursement for medical services received at SLRMC is denied.

The veteran seeks compensation under 38 U.S.C. § 1151 for nerve damage to the left arm, which he contends is due to improper administration of Haldol by his VA caregivers. The claim was previously denied and reopened but remains denied on the merits.