Other conditions decisions — 2005

The Board found that the veteran's suicide by asphyxiation was not caused or aggravated by any condition in service, including a psychiatric disorder. The claim for service connection for the cause of death is denied.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred as a result of private treatment by Dr. Douglas Smith on November 29, 2000, and February 16, 2001 was denied because he did not meet the criteria under the Veterans Millennium Health Care and Benefits Act.

The Board has determined that the appellant does not qualify as a surviving spouse for VA purposes and thus, her claim to receive VA death benefits cannot be reopened.

The Board found that the evidence submitted after the September 1975 rating decision does not raise a reasonable possibility of substantiating the claim of service connection for right peroneal palsy.

The VA denied the veteran's claim for compensation under 38 U.S.C. § 1151 due to his shortness of breath, hypercalcemia, and neck mass resulting from a subtotal parathyroidectomy, right thyroid lobectomy, parathyroidectomy, and autotransplantation of the right superior thyroid into left sternocleidomastoid muscle on November 4, 1999. The VA found that there was no additional disability as a result of this treatment.

The Board denied the appellant's claim to establish her son as a helpless child, finding that there was no evidence showing he was permanently incapable of self-support by reason of mental or physical defect prior to his eighteenth birthday.

The veteran's claim for an increased rating for his service-connected residuals of a fracture of S-1 with traumatic arthritis is being remanded due to the need for further medical evaluation and consideration of updated criteria.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran for purposes of receiving DIC benefits due to a separation that was not due to the fault of the appellant, but rather the fault of the veteran.

The veteran's service-connected urticaria is productive of recurrent episodes, but such episodes are not debilitating and do not require intermittent systemic immunosuppressive therapy for control. The Board finds that the criteria for a higher rating have not been met.

The Board found that the veteran's blindness due to keratoconus was not incurred in or aggravated by service and denied his claim. The right leg and hip disability were also not incurred in or aggravated by service.

The VA determined that the appellant's late husband did not have qualifying service in the United States Armed Forces, and therefore does not meet the requirements for basic eligibility for VA benefits.

The veteran's claim of service connection for a foot disorder was denied as he failed to attend the requested VA examination and did not request another one.

The Board has remanded the case for additional development, including obtaining a complete copy of the veteran's DD Form 1141 and preparing a dose estimate regarding his exposure to radiation. The appeal is now pending again with the Board.

The veteran's cortical cataracts were incurred during his military service and the Board has granted service connection for this condition.

The Board denied the veteran's claim for VA dental treatment as he does not meet the eligibility criteria based on his service-connected condition and other relevant factors.

The Board denied reopening the claim of service connection for the cause of the veteran's death due to lack of new and material evidence.

The Board found that the veteran's current right foot disability, including arthritis of the right foot, was not incurred in or aggravated by active service and could not be presumed to have been incurred due to exposure to Agent Orange. The claim for service connection was denied.

The Board denied the claim for an effective date earlier than August 1, 1993, for award and payment of death pension benefits due to lack of evidence supporting a prior application. The appellant's claim was based on alleged misinformation from VA, but there is no legal basis for an earlier effective date.

The veteran's claims for increased ratings for service-connected stress fractures of the right and left tibia have been denied due to his failure to report for a scheduled VA examination. The claim for service connection of low back pain has also been denied.

The Board has determined that the veteran does not have a right hand disability that is attributable to an injury or disease incurred in service, and thus denied his claim for service connection.