Other conditions decisions — 2006

The veteran's claims for increased ratings for his service-connected Guillain-Barre syndrome and atrial fibrillation are being remanded due to the need to obtain additional medical records.

The Board found that the veteran's stroke was not caused by VA carelessness, negligence, or error in judgment. The decision denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that the evidence does not support a restoration of the 30 percent evaluation for residuals of a right pyelolithotomy and denied the claim for an increased rating.

The veteran's claim for an increased evaluation of his service-connected organic brain syndrome is being remanded due to the need for additional evidence and a VA examination.

The Board denied the appellant's claim to reopen his previously denied claim for basic eligibility for VA benefits due to a lack of qualifying military service.

The veteran's onychomycosis of the right great toe is currently rated as zero percent disabling, and his claim for a higher initial rating has been denied.

The Board found that the veteran's back pain did not result from VA negligence or fault, and denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran did not experience a stressor related to service, and therefore does not meet the criteria for service connection for PTSD.

Throughout the rating period on appeal, the service-connected right hip disability is manifested by complaints of pain, use of a cane, and flexion to 80 degrees with marked hip impairment. The veteran's disability picture does not more nearly approximate the next-higher 60 percent rating under Diagnostic Code 5255.

The appellant is deemed eligible for retroactive payment of Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, of the United States Code, for a period of enrollment from January 1996 to March 2000.

The Board found that the appellant's discharge from military service was under conditions other than honorable due to a period of being absent without leave (AWOL). The Board also noted that the appellant did not have any psychiatric disorders during his military service and concluded that he was not insane at the time of the offense. Therefore, the character of his discharge is considered a bar to receiving VA compensation benefits.

The veteran's death was not service-connected, and the appellant did not file a timely application for burial benefits within two years after her father's burial. As such, the claim is denied.

The veteran's appeal is being remanded for scheduling a Travel Board Hearing.

The Board found that the veteran did not knowingly make or cause to be made a false or fraudulent affidavit, and thus forfeiture of his rights, claims, and benefits under 38 U.S.C.A. § 6103(a) was improper.

The Board denied the veteran's claim for a disability rating in excess of 40 percent for left leg thrombophlebitis, finding that the evidence did not meet the criteria for a higher rating.

The Board found that the veteran's gastric cancer is not proximately due to or the result of his service-connected duodenal ulcer, and therefore denied his claim for service connection.

The Board found that there is no evidence linking the veteran's current left buttock pain to his in-service sprain, and thus denied service connection for residuals of a left gluteus maximus sprain.

The veteran's unauthorized medical expenses at Memorial Hospital in Gulfport, Mississippi were not reimbursable due to Medicare coverage.

The Board has determined that the veteran meets the criteria for Priority 4 catastrophic disabled veteran status based on his dependence in three Activities of Daily Living (bathing, transferring, and dressing).

The Board dismissed the appeal due to the appellant's withdrawal of her appeal prior to a decision being made.