Other conditions decisions — 2007

The Board has remanded the case for further development to determine if there is a relationship between the veteran's service and his ALS, which was diagnosed after death.

The Board has denied the veteran's claims for compensation under the provisions of 38 U.S.C.A. § 1151 for spine and stomach disorders resulting from hernia surgery in 1997, finding no evidence that these conditions were caused by VA carelessness or negligence.

The Board found that the veteran's chronic myelogenous leukemia was not incurred in or aggravated by active service, nor may it be presumed to have been so incurred. The evidence did not establish a connection between his current condition and any incident of active service.

The Board has determined that the appellant's husband did not have qualifying service for VA death benefits, and therefore denied her claim.

The Board has remanded the case for further development, including obtaining an opinion from a rheumatologist regarding whether the veteran's gouty arthritis manifested within one year following his separation from service.

The Board has reopened the veteran's claim of service connection for multiple joint pain due to new evidence, but further examination is needed to determine if her current fibromyalgia diagnosis is related to military service.

The veteran withdrew his appeal for an increased rating of prostate adenocarcinoma, leaving only the issue of individual unemployability (TDIU) as the matter to be addressed by the Board.

The veteran's post-operative bunions have been granted a 10% rating.,Service connection for coccyx injury and back disability has not been established.

The Board found that the veteran's current eye conditions are more likely than not unrelated to his service, as the inservice injuries were superficial and did not result in chronic disabilities.

The Board denied the veteran's claims for a higher initial evaluation for residuals of an injury to his right great toe and service connection for gastritis, finding that there was no evidence of current disability related to military service.

The Board denied the appellant's request for an earlier effective date of July 21, 2003 for service connection granted due to exposure to Agent Orange and carcinoma of the lung. The appeal was not about a claim for service connection but rather about accrued benefits purposes.

The Board denied the veteran's claim of service connection for Hodgkin's disease, finding that her pre-existing condition did not become aggravated by active military service.

The Board has denied the veteran's claim of entitlement to service connection for periodontal disease, which he contends is secondary to his service-connected diabetes mellitus. The evidence does not support a finding that the veteran has a current disability for which service connection may be granted.

The Board found that the appellant's character of discharge was under conditions other than honorable, and thus barred from eligibility for VA compensation benefits.

The veteran is seeking reimbursement for medical expenses incurred at St. Vincent's Medical Center due to a hospitalization from July 15, 2004 to July 16, 2004. The VAMC has not determined whether the treatment was authorized in advance by VA.

The Board finds that the veteran's rectal incontinence was not incurred or aggravated by his service-connected Hodgkin's lymphoma, and thus denied the claim.

The Board denied the veteran's claim for an effective date prior to October 21, 2003, for residuals of acute disseminated encephalopathic myelitis involving multiple body parts and disabilities. The veteran was also found not eligible for dependents educational assistance under 38 U.S.C.A. Chapter 35.

The Board denied service connection for microscopic hematuria and did not address the issue of reopening a claim for service connection for a foot disorder.

The Board denied the veteran's request for an extension of his delimiting date for educational assistance benefits under Chapter 30, finding that he did not meet the legal criteria for such an extension.

The veteran's appeal is being remanded due to his failure to appear for a scheduled Travel Board hearing. The case will be returned to the RO via the Appeals Management Center (AMC) in Washington, DC.