Other conditions decisions — 2006

The Board finds that the preponderance of the evidence is against the veteran's claim for an evaluation in excess of 10 percent for amputations of the mid-middle phalanx ring finger and distal phalanx little finger of the right hand.

The veteran's cause of death is being considered, but the appeal has been dismissed due to the appellant's death.

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

The Board has determined that additional development is needed to determine the appellant's eligibility for reimbursement of medical expenses due to chest pain treatment at St. Michael Hospital in Oklahoma City, Oklahoma from August 20, 2002, through August 22, 2002.

The veteran's appeal is about the rating for Bartter's Syndrome, which is currently rated at 60 percent. The case must be remanded to allow further development and consideration of his claim.

The veteran's family income for 2001 and 2002 was found to exceed the threshold required for cost-free VA health care, resulting in a denial of his claim.

The Board has ordered a remand due to the need for additional evidence, including VA treatment records. The veteran's claim will be reconsidered based on this new information.

The veteran's appeal is being remanded for scheduling a video conference hearing at the RO.

The veteran's claim for a compensable rating for the residuals of her left ovarian cyst and uterine leiomyomata prior to June 2, 2000 was granted. Her claim for a compensable initial rating for allergic rhinitis was denied.

The Board has granted the claim to reopen the issue of entitlement to apportionment of the veteran's VA compensation benefits, and remanded the underlying issue to the RO for further action.

The veteran's depressive neurosis is currently rated at 50 percent disabling. The Board has found no evidence to support a higher rating prior to August 15, 2002.

The Board has determined that the veteran does not have any current residuals of pneumonia, which was diagnosed in service and resolved. Therefore, service connection for this condition is denied.

The Board has determined that the appellant is entitled to recognition as the veteran's surviving spouse for VA death benefits purposes, given her legal status at the time of his death and her consistent assertions of spousal abuse.

The Board has granted service connection for left ear hearing loss and reopened the previously denied claims of service connection for inguinal hernia and neck burns. The veteran's other claims, including those involving his right knee, great toe, vocal cord damage, chronic fatigue syndrome, liver disease, and erectile dysfunction, were not supported by the evidence presented.

The Board determined that the appellant did not attain the status of claimant as she was not entitled to recognition as the veteran's surviving spouse for purposes of VA DIC benefits.

The Board has determined that the veteran lacks the mental capacity to handle his financial affairs, including managing VA benefits. The appeal is denied.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim for service connection for a bilateral clawfoot condition. Further development is needed, including obtaining medical treatment records from Dr. Chapman after the veteran attends his appointment on August 29, 2006.

The Board found that the veteran does not have current residuals of frozen feet, a right eye disorder or a right upper eyelid disorder related to service. The nasal fracture also did not result in a compensable rating.

The Board has ordered the VA to attempt to obtain mental hygiene records from Fort Ord, California. The veteran will also receive a corrective notice under 38 U.S.C.A. § 5103(a) regarding what evidence is necessary to reopen his claim for service connection for a nervous condition and what specific evidence would be required to substantiate the element or elements needed for service connection that were found insufficient in the prior denial on the merits.

The veteran withdrew his appeal for service connection for a skin condition prior to the Board's decision.