Other conditions decisions — 2008

The Board has determined that the veteran does not have current residuals of cold injuries to his right or left upper extremities related to service, and thus denied both claims for service connection.

The Board denied the veteran's claim for benefits under 38 U.S.C.A. § 1151, finding that VA medical treatment in 1976 did not result in any increase in his bilateral foot disorder or additional disability.

The veteran is eligible for VA outpatient dental treatment on a one-time completion basis due to his service-connected conditions and the need for treatment.

The case is being remanded for additional development, including obtaining medical records and providing the appellant with proper VCAA notice.

The Board has reopened the claim for service connection for the cause of the veteran's death and granted it, finding that the esophageal cancer was caused by his service-connected hypertension.

The VA determined that the veteran's post gastrectomy syndrome disability did not warrant a rating in excess of 40 percent.

The Board has granted service connection for lumbosacral sprain and bilateral acquired flatfoot, finding that the veteran's current conditions are related to her active duty service.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The appellant requested a videoconference hearing before the Board, and her request is being addressed. The case is being remanded to schedule this hearing.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA benefits purposes due to her remarriage and divorce from the veteran.

The Board found that the veteran's psoriatic arthritis of the left hand, with X-ray evidence of soft-tissue swelling and painful motion, does not meet the criteria for a disability rating in excess of 10 percent.

The Board found that the cause of death, pneumonia, was not caused by a service-connected disability. The veteran's dementia and dehydration were noted as contributing causes but are not considered to be related to his service-connected conditions.

The Board has determined that a factually ascertainable increase in the severity of the service-connected hallux valgus with bunion, left foot occurred within one year prior to December 18, 2002. Therefore, an effective date of September 5, 2003 is granted for the grant of a 20 percent disability rating for the right foot hallux valgus.

The veteran's low back disability is currently rated at 40 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The condition does not meet criteria for a higher rating based on incapacitating episodes or other factors.

The veteran's conditions do not render him helpless or so nearly helpless as to need regular aid and attendance. He is independent in self-care and activities of daily living.

The Board has determined that the veteran's status post right lower lobe lobectomy for a benign carcinoid tumor was incurred in active service, resolving doubt in favor of the veteran.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized service in the Philippine Commonwealth Army, including as a guerrilla. The appellant did not have valid military service and therefore cannot be considered a 'veteran' for VA purposes.

The Board has determined that the appellant does not have qualifying service for VA benefits and therefore denies his claim.

The Board denied the veteran's request to reopen his claim of service connection for a personality disorder, finding that no new and material evidence had been submitted.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred on May 21, 2006 at St. Francis Broken Arrow Hospital was denied because the services were not authorized by VA and no VA facility was feasibly available to the veteran.