Other conditions decisions — 2007

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the veteran's gout is related to service.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for chest pain due to implantation of a pacemaker, finding that there was no additional disability caused by VA carelessness or negligence.

The Board found that the veteran's pension benefits were properly terminated effective April 18, 2004 due to his incarceration for a parole violation. The law requires termination of pension benefits during any part of the period beginning 61 days after imprisonment begins and ending when imprisonment ends.

The veteran's claim for an earlier effective date of award for nonservice-connected pension benefits is being remanded due to the need for additional records related to his SSA disability benefits application.

The Board denied service connection for the cause of death due to lung cancer and ulcerative colitis, finding that neither condition was incurred in or aggravated by service.

The Board denied service connection for hypercholesterolemia (high cholesterol) as it is not a disability.,Service connection was also denied for peripheral vascular disease, status postoperative bilateral aortofemoral bypass graft, which the veteran contends is secondary to her hypercholesterolemia. However, since service connection for hypercholesterolemia has been denied, any claim of secondary service connection must be denied as well.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on November 12, 2003 has been dismissed due to the death of the veteran.

The Board has remanded the case for further proceedings due to incomplete service medical records and additional development is required.

The Board has ordered additional development due to the need for clarification on whether complications from the veteran's breast-reduction surgery in June 1998 were reasonably foreseeable. The case is being remanded for further examination and review of evidence.

The Board found that the veteran's character of discharge from service is a bar to VA benefits due to his AWOL offenses, but did not address service connection or any specific conditions.

The Board has remanded the case for a new VA examination and to ensure proper notice under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).

The Board found no evidence of hip arthritis in service and denied the veteran's claim for service connection.

The Board denied a higher initial disability rating for the veteran's prostatectomy, finding that a 40 percent rating was appropriate prior to November 7, 2006 and that no higher rating is warranted as of that date.

The Board found that the veteran did not sustain trauma to tooth #8 in service and that subsequent extraction of other teeth was not causally related to the extraction of tooth #8. The claim for service connection for dental injury is denied.

The veteran's death pension and accrued benefits claims are denied as the appellant filed her claims outside the one-year filing period after his death.

The claim for service connection for post-traumatic stress disorder is being remanded due to the need for further development of evidence related to the veteran's claimed in-service stressors.

The Board has remanded the case for further development due to issues related to service connection and increased evaluation of shell fragment wound residuals of the right thigh.

The veteran's claim for a 50 percent disability rating for PTSD is granted, with the effective date set at April 3, 1989. The issue of an earlier effective date for a total rating remains pending.

The Board has determined that the submitted evidence is not new and material to reopen the claim of service connection for cause of death.

The veteran's appeal has been withdrawn, and the case is dismissed.