Other conditions decisions — 2008

The Board has determined that the veteran's claim of entitlement to a temporary total disability evaluation for periods of convalescence following surgeries in February and May 1996 and 1998 is denied as new and material evidence was not submitted.

The Board has determined that the appellant's deceased spouse did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces and therefore is not considered a veteran for purposes of establishing basic eligibility for VA benefits.

The Board has determined that the veteran's injuries sustained in a March 1973 motor vehicle accident were not incurred during or as a result of his National Guard service. As such, the claims for service connection for the residuals of a fractured rib and left pneumothorax are denied.

The Board has determined that service connection for the cause of the veteran's death due to multiple system atrophy is not warranted as it does not meet the criteria specified in 38 U.S.C.A. § 1116(a) and there is no evidence of a positive association between exposure to herbicide agents and multiple system atrophy.

The Board denied the appellant's application to reopen his claim of legal entitlement to VA benefits, finding that new and material evidence had not been submitted. The appeal was based on a claim for legal entitlement rather than service connection.

The VA has determined that the veteran's service-connected fungus of the right foot warrants a 10 percent disability rating and effective from May 8, 2003. The condition affects less than one percent of her entire body surface area and zero percent of exposed areas affected, with no systemic therapy required.

The appellant's late husband had service as a member of the Special/New Philippine Scouts, but his service does not qualify for VA non-service-connected death pension benefits.

The Board denied service connection for gout and residuals of a cold injury to the feet, finding that there was no evidence linking these conditions to service.

The VA denied the veteran's claim for service connection for squamous cell carcinoma of the nasal septum, finding no evidence linking it to his military service or herbicide exposure.

The veteran's unauthorized medical expenses incurred on November 1, 2005 were denied as the service connection is not in effect for any condition and there was no medical emergency of such nature that delay would have been hazardous to life or health.

The veteran is seeking an extension of Chapter 30 education assistance benefits. The Board has determined that a remand is required to address the applicability of specific regulatory provisions regarding the continuation of these benefits.

The veteran's claim for payment of unauthorized medical expenses at Massena Memorial Hospital on May 1, 2006 is being remanded due to the need for additional records and proper VCAA notice.

The veteran's claim for payment or reimbursement of unauthorized emergency treatment and hospitalization at Valley View Hospital from September 18, 2004 to September 21, 2004 was denied as he is not service connected for any disease or disability.

The Board has remanded the case due to insufficient evidence regarding the veteran's eligibility for reimbursement under VA regulations and the VCAA notice provided did not cover the relevant provisions.

The Board has determined that the veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code is remanded due to insufficient evidence in the claims file. The RO must obtain the veteran's complete service treatment records and personnel files and associate them with the education folder.

The Board denied the veteran's claim for service connection for chronic interstitial lung disease as a result of asbestos exposure due to lack of evidence of in-service asbestos exposure.

The Board found that the appellant's other than honorable service discharge is not a total bar to VA compensation benefits, as it was based on AWOL and acceptance of an undesirable discharge to escape trial by general court-martial.

The Board has remanded the case for further development, including providing VCAA notice and obtaining VA medical records. The veteran's right hip disability claim will be reconsidered based on all evidence of record.

The Board has determined that new and material evidence has been received to reopen the appellant's claim of recognition as the veteran's surviving spouse for VA benefits, allowing her to proceed with her appeal.

The Board has determined that the veteran's bilateral callosities, status post corn removal warrant a 50 percent evaluation effective February 3, 2000.