Other conditions decisions — 2006

The veteran's appeal is remanded due to incomplete evidence and the need for a VA examination. The claim will be reconsidered after all necessary actions are taken.

The Board has reopened the appellant's claim for service connection for the cause of the veteran's death due to new and material evidence submitted. The Board also found that coccidioidal meningitis was incurred in active military service, and therefore caused the veteran's death.

The Board has determined that the veteran's service-connected PTSD did not cause or contribute to his death from myocardial infarction due to cardiomyopathy. The evidence does not support a finding of causation between the service-connected condition and the cause of death.

The Board denied service connection for a skin disorder or rash claimed as due to exposure to Agent Orange and denied service connection for a bilateral eye disorder secondary to service-connected head injury and headaches.

The Board denied the veteran's claim for an effective date earlier than December 1, 2003, for payment of VA disability compensation due to the prohibition on concurrent receipt of military retirement pay and VA disability compensation. The earliest date that VA could begin paying his benefits was December 1, 2003.

The Board found that the appellant did not perfect a timely appeal as to the April 2003 decision regarding her NOD, and thus denied the appeal.

The Board has determined that the appellant timely perfected an appeal to the May 2003 rating decision denying her claim for dependency and indemnity compensation.

The Board has determined that the veteran's postoperative residuals of an umbilical hernia are due to a period of active duty for training, and service connection is granted.

The case is being remanded for scheduling a video-conference hearing with the Board. The appellant's claim of entitlement to service connection for the cause of her husband's death will be further addressed after the scheduled hearing.

The Board has determined that the veteran's left foot and left elbow disorders are not related to his military service, and thus denied both claims.

The veteran's claim for reimbursement of a $300 fee for an April 2004 Auctioneer License Test is granted as the test is required under State law or regulation and offered by a State, meeting the criteria for reimbursement.

The veteran's unauthorized medical expenses for acute gastroenteritis incurred in February 2004 are denied as the emergency was not deemed to be an urgent or life-threatening situation, and VA facilities were feasibly available.

The veteran's son is not eligible for Chapter 35 educational benefits due to the school being unapproved by VA, and thus the appeal is denied.

The Board has determined that the veteran's residuals of a left foot injury warrant an initial rating of 20 percent, effective from May 1, 2004.

The veteran's death was caused by negligent care provided at a VA medical facility, and the Board has granted DIC under Section 1151. The appeal for service connection for the cause of the veteran's death is dismissed as no justiciable case or controversy exists due to the grant of DIC. The appellant is not entitled to accrued benefits.

The Board has determined that the veteran's cause of death was related to his service-connected psychiatric disability, and the appellant is recognized as the surviving spouse. The appellant's claim for Survivors' and Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also granted.

The Board found that the veteran's left arm and elbow disability was not due to VA treatment, thus denying his claim for compensation under 38 U.S.C.A. § 1151.

The Board has granted service connection for obstructive lung disease, but denied service connection for pleurisy of the left lung.

The veteran died in January 1979 and had no pending claims for VA benefits at the time of his death. The appellant's claim for service connection for residuals of amoebiasis and hookworm infection is denied as she was not entitled to accrued benefits due to lack of a pending claim.

The Board has determined that the veteran's nonunion of the mandible does not meet the criteria for a compensable rating since April 2, 2003.