Other conditions decisions — 2005

The Board denied the veteran's claim for service connection for dysthymic disorder, finding that there was no evidence of a diagnosis within one year after discharge and concluding that the preponderance of the evidence did not support the claim.

The case is being returned to the VAMC for further development and re-adjudication of the issue regarding reimbursement or payment of unauthorized medical expenses incurred by the veteran between October 2, 2001 and October 22, 2001.

The Board has determined that the veteran's hiatal hernia, which was initially granted service connection for in October 1995 and rated at 10 percent disabling effective September 21, 1995, does not warrant a higher rating based on his symptoms since then.

The Board denied service connection for multi-level spinal disc degeneration with a neurogenic bladder and an increased rating for residuals of an ingrown right great toenail and removal of the toenail.

The VA determined that the veteran's right ring finger amputation with nail deformity did not meet the criteria for a compensable evaluation since June 17, 2002.

The veteran's appeal is being remanded to the RO for additional development regarding his claim for payment or reimbursement of medical expenses incurred at a private facility from February 17, 2003 to February 19, 2003.

The Board has determined that the veteran's current left eye condition, parafoveal retinal pigment epithelial changes (hypertrophy), is service-connected.,The Board also found that a timely substantive appeal was not submitted to reopen the claim for service connection for a left leg disorder.

The Board has remanded the case due to unclear eligibility for VA educational assistance benefits under Chapter 1606, as the appellant's re-enlistment in the Selected Reserves on February 13, 2002 is not fully verified and her current Reserve duty status needs clarification.

The veteran's service-connected gunshot wound to the right buttock and tender scarring of the left calf are rated at their maximum levels, with no further increase in evaluation possible.

The Board has determined that the veteran's death was caused by his service-connected psychiatric disorder, specifically due to medication used for PTSD. The medical evidence shows dysphagia as a main contributing factor to aspiration pneumonia and eventual death.

The VA determined that the veteran's right hip disability was not service-connected and denied compensation under 38 U.S.C.A. § 1151 due to lack of fault on VA's part.

The veteran's appeal is being remanded for additional development, including a new VA examination and retrieval of private treatment records.

The Board denied the veteran's claims for service connection for pneumothorax and pneumonia, as well as his request for an initial rating of 10 percent for mitral valve prolapse with Barlow's syndrome and secondary angina. The Board found that new evidence did not change the outcome of the previous denial.

The Board denied the veteran's claims for service connection for cause of death, accrued benefits, and nonservice-connected death pension due to lack of evidence linking his cardiovascular disease to his military service.

The Board granted the veteran's claim for non-service-connected disability pension, assigning an effective date of September 9, 2002. The decision is based on the earliest submission of a formal claim following the previous final denial in November 1996.

The Board has granted service connection for residuals of cold injuries to the right and left feet, with initial evaluations of 20 percent each. The effective date remains November 30, 2001.

The Board has determined that the veteran's residuals of a gun-shot wound, with fractured left tibia and injury to Muscle Group XII, meet the criteria for a 30 percent evaluation.

The Board determined that the appellant is not a 'veteran' for purposes of entitlement to VA benefits based on his service in the Philippine Commonwealth Army, and therefore denied the claim.

The Board finds that the VA facilities were not feasibly available and an attempt to use them beforehand would not have been considered reasonable by a prudent lay person. Therefore, the veteran's claim for payment or reimbursement of unauthorized in-patient medical service provided by a private hospital is granted.

The Board denied the appellant's claim for basic eligibility to VA benefits due to a lack of service in the U.S. Armed Forces, as certified by the service department.