Other conditions decisions — 2008

The Board has ordered a remand to obtain additional medical opinions and records in order to determine the cause of the veteran's death and whether it was related to his service.

The Board has determined that the veteran's residuals of a fracture of the right fifth metacarpal and degenerative joint disease of the right hand are related to service, thus granting these claims.

The veteran's claim for restoration of nonservice-connected disability pension was denied as his Philippine Scout service did not qualify him for pension benefits.

The Board has reopened the veteran's claim for service connection due to new and material evidence, but the claim is still denied as there is no established link between his current skin cancer and his military service.

The Board has reopened the veteran's previously denied claim of service connection for ulcerative colitis and finds that it is more likely than not that the condition first manifested during his active military service. The Board grants service connection for ulcerative colitis.

The Board denied the appellant's claims for service connection for residuals of a cesarean section, hysterectomy, and lysis of adhesions due to an old appendectomy. The appeals were based on direct evidence rather than reopening previously denied claims.

The VA Network Authorization Office in Canandaigua, New York has remanded the case for further development due to lack of documentation of medical costs and services provided.

The Board has determined that the submitted evidence does not establish a current diagnosis of chronic motion sickness related to service, and thus the claim cannot be reopened.

The VA determined that the veteran's bilateral shin splints did not warrant an increased rating beyond the current 20 percent, as there was no evidence of moderate disability in either leg.

The Board has determined that the veteran did not file a timely substantive appeal regarding his pension benefits claim, as he failed to submit a VA Form 9 within the one-year period following the May 2004 rating decision.

The veteran's unauthorized medical expenses incurred on July 20, 2005 at Flagler Florida Hospital for emergency room treatment of increased blood pressure and acute headache are covered by VA due to the nature of the condition being a medical emergency that would have been hazardous if delayed. The veteran has a total disability resulting from service-connected psychosis.

The Board has determined that the appellant was not married to the veteran at the time of his death, and therefore cannot be considered his surviving spouse. As such, she is ineligible for nonservice-connected death pension benefits.

The veteran's squamous cell carcinoma of the right lung with liver and bone metastases was not incurred in or due to service, including exposure to herbicides. The claim is denied.

The Board finds that the veteran does not have a current left eye disability that is related to service, and thus service connection for a left eye disability is denied.

The Board has determined that the veteran's varicose veins, venous stasis and venous insufficiency were not incurred in or aggravated by active military service.

The Board has remanded the case due to conflicting evidence regarding where the veteran's children live and lack of documentation of financial hardship. The RO must clarify this information before readjudicating the issue.

The Board is remanding the case for further development, including locating the veteran's original claims file and service medical records. The appellant is also seeking service connection for the cause of her husband's death due to Agent Orange exposure.

The veteran's claim for an increased rating for service-connected residuals of laceration of the right middle finger is being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000.

The Board has determined that the veteran's cold injury residuals, including paresthesia and onychomycosis, were incurred in his active military service.

The Board dismissed the appeal due to the appellant's death.