Other conditions decisions — 2004

The Board has determined that the criteria for payment or reimbursement of emergency treatment received from May 28, 2002, to June 5, 2002, have been met. As a result, the veteran's claim is granted.

The Board is remanding the case to determine if a VA medical facility was feasibly available for the veteran's treatment, and to review the specific type of care needed by the veteran during his hospitalization at the Cleveland Clinic Foundation.

The veteran's unauthorized private medical expenses incurred from July 6, 2000 to July 9, 2000 were not reimbursable as he was not treated for a service-connected disability.

The Board has granted an initial 20 percent rating for the veteran's service-connected fracture of the left mandible with severe alteration in masticatory function, effective March 24, 1989.

The Board denied the veteran's claims for service connection for an irregular heartbeat, stomach and intestinal disorders, and Gulf War syndrome due to a lack of evidence supporting these conditions.

The Board has decided to remand the case for additional development due to recent court decisions and incomplete medical records.

The Board found that the veteran's service-connected anterior compartment syndrome, status post fasciotomy, does not warrant an increased evaluation beyond the currently assigned 10 percent rating due to lack of objective evidence supporting limitation of motion in the ankle joint. The effective date for the grant of a 10 percent evaluation remains March 23, 1999.

The Board denied service connection for hematuria, left nephrectomy, and diverticulitis. The veteran's claims of new and material evidence were also denied.

The Board denied the veteran's request for an earlier effective date of January 29, 1999 for service connection of bilateral patellar femoral pain syndrome.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine if the veteran requires regular aid and assistance due to his bowel and bladder impairments. The issues of entitlement to higher special monthly compensation and service connection for deep venous thrombosis are also being addressed.

The Board has granted the veteran a higher initial evaluation of 10 percent for his service-connected pressure urticaria, effective December 4, 2000. The current rating is based on Diagnostic Code 7806 and does not meet the criteria for a higher evaluation under any other diagnostic code.

The Board denied the veteran's reinstatement of non-service connected pension benefits due to his income exceeding the established limit.

The VA has granted an increased evaluation of 30 percent for the veteran's chronic diarrhea and involuntary bowel movements, effective from March 5, 2001.

The Board denied the veteran's claims for increased evaluations of his service-connected left leg disabilities and found no clear and unmistakable error in the December 1979 rating decision regarding scars. The veteran was also denied a request to seek service connection for right knee and right leg disorders as secondary to his service-connected left leg disabilities.

The Board has determined that the veteran's service-connected fixed pupil, right eye warrants a noncompensable disability rating.

The Board has remanded the case due to inadequate records and incomplete information provided by the appellant. The RO is instructed to provide proper VCAA notification, obtain all relevant medical records, including those from the VA doctor who provided an opinion regarding the cause of death, and then review the claim on the basis of all evidence.

The Board denied service connection for the cause of the veteran's death and denied entitlement to accrued benefits due to a late claim.

The veteran's claim for service connection for colon cancer as a result of exposure to ionizing radiation, chemicals, and/or Agent Orange is being remanded due to the need for additional development regarding potential onsite participation in nuclear tests.

The Board has decided to remand the case for additional development and notification, as required by the Veterans Claims Assistance Act of 2000 (VCAA). The appellant's claim is related to whether they can be recognized as a minor child of the veteran for VA benefits purposes. The appeal will now proceed with further actions from the RO.

The Board denied the appellant's claim for educational assistance benefits under Chapter 35, finding that he did not meet the age requirement due to his birthday occurring after the effective date of the permanent and total disability rating.