Other conditions decisions — 2007

The Board has remanded the case for further development, including obtaining service personnel records and ensuring compliance with VA's duty to assist and notice obligations.

The veteran's claim for service connection for a sleep disorder was denied. The effective date for the grant of service connection for scars of the thighs is set at December 12, 2003. An increased rating to 30 percent for skin disorder affecting the crotch and groin areas is granted with an effective date of December 12, 2002.

The Board has denied the veteran's request to reopen his claim for service connection for varicose veins and ulcer, left lower leg due to lack of new and material evidence.

The Board has determined that the appellant's spouse had no qualifying service and therefore is not considered a 'veteran' for purposes of entitlement to VA benefits, including DIC benefits.

The RO granted entitlement to Total Disability due to Individual Unemployability (TDIU) for the service-connected phlebitis of the left leg effective from March 17, 1999. The decision was based on evidence showing an increase in disability severity.

The Board has remanded the case due to inadequate VCAA notice, and further development is required.

The veteran's request for an extension of his period of eligibility to receive Chapter 30 educational assistance benefits beyond July 1, 2005 was denied as there is no evidence that pursuit of a program of education was medically infeasible during the delimiting period.

The veteran's appeal for enrollment in the VA healthcare system has been dismissed due to his death.

The Board dismissed the appellant's motion alleging clear and unmistakable error (CUE) in their January 2004 decision denying her nonservice-connected death pension benefits. The appellant argued that she had not received the statement of the case, but there was no evidence to support this claim.

The veteran's appeal for reimbursement of unauthorized medical expenses related to a ruptured appendix is denied as he was not enrolled in the VA health care system during the relevant period and did not meet all criteria for reimbursement under VA regulations.

The Board denied the veteran's claims for service connection for right inguinal hernia repair and myopathy including rhabdomyolysis, finding that the pre-existing conditions were not incurred or aggravated by active service.

The veteran seeks payment for unauthorized medical expenses incurred at Tulsa Regional Medical Center on March 6, 2004 due to a nosebleed. The VA denied her claim and the Board affirmed this denial. The Court remanded the case back to the Board for reconstructing the lost portion of her claims file.

The Board has ordered the VA to obtain post-service medical records from Tyndall Air Force Base and NPRC, as these records may be relevant to the veteran's cause of death. The claim will be remanded for further development.

The Board has determined that the cause of the veteran's death was not related to service, including any exposure to ionizing radiation.

The veteran's service-connected left eye disability is currently rated as 50 percent disabling. The RO found that the veteran does not have blindness in his nonservice-connected right eye, and therefore a higher rating than the current 50 percent is denied.

The Board has remanded the case due to inadequate VCAA notice, and the appellant's service connection claim for cause of death will be reconsidered with proper notification.

The Board has determined that the veteran does not meet the criteria for an initial compensable rating for impotence, as there is no evidence of penile deformity and loss of erectile power. The claim was denied.

The Board found that the veteran's dermatomyositis and interstitial pneumonitis were not attributable to disease or injury incurred in or aggravated by active military service, and denied both claims.

The Board has determined that the veteran's B12 deficiency did not manifest in service or is otherwise related to service, and therefore denied his claim for service connection.

The Board denied the veteran's claim for an earlier effective date prior to February 7, 2001, for the grant of service connection for a herniated nucleus pulposus of the cervical spine with muscle spasms, spinal stenosis, neural foramina stenosis, and spondylosis.