Other conditions decisions — 2008

The veteran's appeal for service connection for Paget's disease is being remanded to the RO for a hearing before a Veterans Law Judge.

The veteran's left leg disability, including muscle and nerve involvement, warrants a 20% disability rating.

The Board has remanded the case due to a need for corrective notice under VCAA and Kent v. Nicholson.

The appellant is not entitled to DIC, death pension or accrued benefits as a matter of law due to his disqualifying marital status.

The Board found that the veteran's non-Hodgkin's lymphoma was not incurred in or aggravated by service, including exposure to ionizing radiation. The medical evidence did not support a finding of causation.

The Board has dismissed the appeal due to the appellant's death, as it does not have jurisdiction to adjudicate the merits of this claim.

The Board found no evidence of a service-connected condition that caused or contributed to the veteran's death, and thus denied the claim for service connection for the cause of his death.

The Board found that the veteran's essential tremor was not shown to be related to his military service, including any period of active duty or inactive duty training. The evidence did not support a finding of direct service connection.

The Board denied the appellant's claim for VA death benefits as a helpless child due to lack of evidence showing she was permanently incapable of self-support prior to her 18th birthday.

The veteran's claim for payment or reimbursement of unauthorized non-VA dental expenses for the installation of a crown on tooth #28, incurred on April 10, 2002, was denied because there was no pre-authorization and VA facilities were not feasibly available.

The veteran died due to cardiogenic shock, acute myocardial infarction, atrial fibrillation, and severe aortic stenosis. The Board found that these conditions were not related to his service-connected residuals of frozen feet or to his military service.

The veteran's death was caused by cardiorespiratory arrest and cerebrovascular accident (CVA) hemorrhage. The Board found that the service-connected disabilities did not cause or contribute to his death.

The appellant's service as a recognized guerrilla does not meet the legal requirements for basic eligibility to nonservice-connected disability pension benefits.

The Board has dismissed the appeal due to the appellant's request for withdrawal of his appeal.

The Board has remanded the case due to a lack of representation, and the appellant's representative must be given an opportunity to offer written argument on her behalf.

The Board has denied the veteran's claims for reimbursement or payment of unauthorized medical services due to the availability of VA facilities that were feasibly available and did not meet the urgency criteria.

The Board found that the veteran does not have a current eye disorder that was incurred or aggravated during service. The pre-existing congenital conditions were not deemed to be related to service.

The VA denied the appellant's claim for payment or reimbursement under the CHAMPVA program for dental care including tooth extractions, alveoplasty and dentures due to lack of necessity and essentiality in treating her covered neurological condition.

The veteran's service-connected residuals of shell fragment wounds to muscle groups XI and XII are rated at 20 percent, which is the maximum schedular rating available for this condition. The claim for a compensable rating for residuals of laceration to the right heel was denied.

The veteran's calluses of the right and left feet have been rated at 10 percent each since March 13, 2007. The previous ratings prior to this date remain unchanged.