Other conditions decisions — 2008

The veteran's claim for an extension of his educational assistance benefits under Chapter 30 beyond February 21, 2004 is denied as there is no medical evidence showing that he was prevented from attending school due to a disability.

The veteran's claim for service connection for a dental disorder is denied as there is no evidence of loss of substance of the body of the maxilla or mandible, and he does not have any of the other listed dental disorders. The Board finds that service connection for dental trauma is not warranted.

The Board has decided to remand the case for scheduling a Travel Board hearing at the RO. The appellant was not notified of the scheduled hearing due to an incorrect address, and he is currently incarcerated.

The Board found that the veteran's L5-S1 spondylolisthesis and bilateral corns of the feet were not incurred or aggravated by active service, as there was no evidence showing such conditions during his military service. The Board concluded that the veteran did not provide credible evidence to establish continuity of symptoms since service.

The Board has determined that the veteran's thromboangiitis obliterans (Buerger's disease) is not related to his active military service, including any exposure to herbicide agents. Therefore, the claim for service connection is denied.

The veteran's muscle group XX injury residuals due to a right lumbar shrapnel fragment wound are not manifested by a moderately severe injury, and the claim for an increased rating is denied.

The Board has decided that the VA Medical Center's decision denying payment or reimbursement for unauthorized private medical expenses is inadequate and requires further review with additional evidence.

The Board denied the veteran's claim for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $4,128 due to fault on his part and lack of financial hardship.

The veteran withdrew his appeal for service connection of a respiratory condition.

The veteran died from acute polydrug toxicity with a significant contributing factor of hypertensive cardiovascular disease. The Board finds no service connection for either condition and thus denies the claim.

The Board denied the appellants' claim, finding that the estate of the veteran's widow is not entitled to the remaining $21,154.00 in accrued DIC benefits due to her death because the check was issued after she died and could not be negotiated.

The Board has ordered a remand for further development, including an examination to determine if the veteran's current back disability is related to service. The case will be returned to the Board after this additional development.

The Board denied an increased evaluation for the service-connected disability of the mandible, finding that a rating in excess of 20 percent prior to October 18, 2007 and in excess of 30 percent beginning on October 18, 2007 is not warranted.

The Board found no evidence of a skin disorder in service and could not establish a link between the veteran's current condition and his military service. As such, the claim for service connection was denied.

The veteran's service-connected gout of the right great toe is currently productive of no more than two documented exacerbations a year in a well-established diagnosis, with no evidence of symptom combinations productive of definitive impairment. The Board has determined that an increased rating is not warranted.

The Board denied an initial compensable evaluation for service-connected essential thrombocythemia, finding that the veteran's platelet count was stable and within normal limits.

The veteran died from arteriosclerotic cardiovascular disease, which was not service-connected. The claim for service connection for the cause of death is denied.

The Board denied service connection for the cause of death and for leukemia for purposes of accrued benefits due to lack of evidence showing a direct relationship between the veteran's conditions and his military service.

The Board denied a request for an earlier effective date of September 23, 2002 for the award of a 10 percent evaluation for amputation of the distal tip of the left ring finger. The evidence did not show that the veteran experienced pain and hypersensitivity at the site prior to September 23, 2002.

The Board found that the veteran's current disease of the colon is not related to his in-service amebiasis and hyperemia, as there was no evidence of chronic disability resulting from these conditions. The claim for service connection was denied.