Other conditions decisions — 2004

The Board denied the appellant's claim for DIC benefits based on service connection for the cause of her husband's death due to primary biliary ductal or pancreatic adenocarcinoma as residual to Agent Orange exposure.

The Board found that the veteran's service-connected psychiatric disability did not cause or contribute to his death. The appellant also failed to meet the requirement of having a right to receive total service-connected disability compensation for at least ten years prior to her husband's death, as required by section 1318.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital from April 7 to 22, 1999. The VA determined that the treatment was not covered due to lack of availability of necessary services.

The Board has remanded the case for further development due to inadequate examination in determining the extent of impairment from the service-connected residuals of a gunshot wound of the right thigh.

The Board denied the claim for service connection for the cause of death and dismissed the claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, finding that there was no evidence to support the appellant's claims.

The veteran's case is being remanded for a videoconference hearing before the Board at the RO, according to his request. The appeal involves entitlement to payment or reimbursement of unauthorized medical expenses incurred at a non-VA facility in September 2003.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for right hand disability, finding that there is no clear and unmistakable evidence to show that the preexisting wrist fracture worsened during service. The veteran's right hand condition was not considered disabling at separation from service.

The Board denied the appellant's claim for recognition as a surviving spouse of the veteran for VA death pension benefits due to her not meeting the basic eligibility criteria set forth by VA regulation.

The Board denied increased evaluations for partial amputation of the left little finger and residuals of fractured left metatarsals 4 and 5, finding that the criteria were not met.

The Board has remanded the case due to incomplete service medical records and will provide further development before deciding on the claim.

The Board denied the veteran's claim for an earlier effective date of December 14, 1994 for a total rating based on individual unemployability (TDIU). The decision found that no increase in disability occurred within one year prior to the December 14, 1994 application.

The Board has determined that the veteran's service-connected healed fracture of the left (minor) humerus warrants a disability evaluation of 30 percent, effective as of the date of this decision.

The case is being remanded for further development, including a VA examination and consideration of the amended criteria for rating skin disorders.

The Board has granted a 10 percent rating for the veteran's left ureteral calculus, finding that it results in occasional flank pain.

The Board has reopened the claim of service connection for a low back disability due to new and material evidence. However, further development is needed to determine if the arthritis found in May 1977 was present during service.

The veteran is seeking service connection for basal cell carcinoma as secondary to radiation exposure. The case has been remanded due to the need for additional development, including obtaining recent treatment records from his dermatologist and ensuring compliance with VCAA requirements.

The veteran is seeking service connection for erosive antral gastritis, which he claims was caused by his service-connected arteriosclerotic cardiovascular disease. The case has been remanded to obtain a VA examination and determine the nature of the veteran's current condition and its relationship to his service-connected condition.

The Board denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for back and vein disorders claimed to be caused by VA treatment in 1953, finding that there was no evidence of negligence or fault on the part of VA.

The veteran withdrew his appeals of claims for hypercholesterolemia and the evaluation of drusen of both eyes with retinoschisis of the left eye effective from February 1, 2001.

The Board denied the appellant's claim for nonservice-connected disability pension benefits due to a lack of qualifying service during a period of war, and thus the appellant does not meet the basic eligibility requirements.