Other conditions decisions — 2006

The Board has determined that there is no legal entitlement to an effective date prior to November 14, 2002 for the grant of service connection and compensation for chronic myeloid leukemia.

The Board has determined that the veteran's defective vision, myopic astigmatism, and presbyopia were not incurred or aggravated by service. The VA examiner found no connection between these conditions and his military service.

The Board denied the veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred between February 16 and February 19, 2002 due to lack of legal merit. The treatment was not for a service-connected disability, and the criteria for reimbursement under VA regulations were not met.

The Board has determined that there is no evidence of a current hip disability and the veteran's reported hip pain is not service-connected. The claim for bilateral hip disability was denied.

The Board has remanded the case due to inadequate notification and development under the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claim for a higher initial rating for service-connected laceration of the left hand is being returned to the RO for further action.

The Board denied the veteran's claim for service connection for loss of 6 front teeth, finding that there was no evidence linking his tooth loss to an in-service injury or trauma.

The veteran's countable income for 2003, 2004, 2005, and 2006 exceeds the maximum annual income for improved pension benefits for a veteran with no spouse or children who is permanently and totally disabled. As such, he does not meet the basic income eligibility requirements for entitlement to VA disability pension benefits.

The Board of Veterans' Appeals (Board) found that the appellant did not have qualifying service as a recognized guerrilla under the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces. Therefore, the appellant is not eligible for VA benefits.

The Board denied the appellant's attempt to reopen her claim for service connection for the cause of the veteran's death, finding that the evidence submitted since the January 2002 denial was not new and material.

The Board has remanded the case for a Travel Board hearing before a Veterans Law Judge at the next available opportunity. The appellant's claim will be returned to the Board after the hearing.

The veteran's service with the New Philippine Scouts is not deemed qualifying for VA pension benefits.

The Board denied the appellant's claim for eligibility to VA benefits due to a lack of verified service, and thus he is not entitled to these benefits.

The Board denied the appellant's claim for basic eligibility for VA death benefits because the deceased did not have recognized service in the U.S. Armed Forces, and thus is not considered a veteran for VA benefits purposes.

The Board denied the claim of service connection for the cause of the veteran's death due to a cancer of the throat, finding no evidence that it was related to service or any presumptive conditions.

The veteran's treatment at Mercy Medical Center was for an acute embolic stroke, which is not service-connected. The VAMC found that the veteran could have been safely transferred to a VA facility after stabilization in the ICU, and thus denied reimbursement for continued care in the ICU.

The veteran's application for enrollment in the VA healthcare system was denied due to his placement in priority category 8 and the filing of his application after January 17, 2003.

The Board has denied the veteran's claims of service connection for a right foot disorder, left foot disorder, and right elbow disability. The evidence did not show current disabilities other than already service-connected plantar fasciitis.

The Board found that the veteran's right elbow disability does not meet the criteria for a rating in excess of 10 percent, thus denying his claim.

The Board has determined that the veteran's pre-existing scoliosis was aggravated by her active service, and thus grants service connection for scoliosis of the thoracolumbar spine.

The Board has determined that the veteran's atrial fibrillation, status post permanent pacemaker does not warrant a restoration of a 60 percent evaluation or an increase to any rating higher than the current 30 percent.