Other conditions decisions — 2008

The Board has granted a separate compensable evaluation for the residuals of encephalopathy, at least to the minimum 10 percent evaluation provided for under Diagnostic Code 8000.

The veteran's appeal is being remanded for additional development, including VA examinations to assess his PTSD and left ankle sprain, as well as VCAA notice compliance.

The veteran's claim for a higher rating for his left tibia fracture disability was denied as the evidence did not show any pathology warranting a rating in excess of 20 percent prior to December 15, 2006 or 30 percent from that date.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a nervous disorder, which was previously denied in March 1960. The additional evidence received since the September 2004 rating decision is considered cumulative or redundant of previous evidence.

The veteran's claim for an annual clothing allowance was denied as there is no evidence of damage to his outer garments due to service-connected conditions.,Service connection for a prostate disorder and hypercholesterolemia (high cholesterol) were both denied. The Board found that the veteran did not have these conditions, or any disability related to them, incurred in service.

The Board found that the veteran's claimed condition did not result from VA care, and denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's esophagus, stomach, and breathing conditions did not have their onset during service or result from disease or injury in service. The claims were denied as there was no direct evidence linking these conditions to service.

The Board has determined that the veteran's current lung disorder, claimed as pneumonia, was not incurred in or aggravated by active service.

The Board has determined that the appellant's deceased husband did not have service in the United States Armed Forces and was discharged without honor. Therefore, he is not considered a veteran for VA purposes and the appellant does not meet the requirements to be eligible for VA death benefits.

The veteran's son is not entitled to retroactive burial benefits as he did not pay the funeral expenses and there is no evidence that he is an executor of the estate.

The veteran's claim for nonservice-connected disability pension benefits is denied because his service was not during a period of war, thus failing the primary qualification for such benefits.

The Board found that the veteran's hypertension was not incurred in or aggravated by service and denied his claim for service connection.

The veteran's appeal involves claims for service connection and an increased rating for his low back strain, with the neurologic deficit of the bilateral legs and feet being claimed as secondary to this condition. The case is being remanded for additional VA examinations.

The VA determined that the veteran's left eye disability, which includes a traumatic cataract and iridectomy, does not meet the criteria for a compensable rating based on visual acuity or other established diagnostic codes.

The Board has remanded the case due to unclear eligibility for educational benefits and unverified periods of service.

The veteran received unauthorized medical care for bronchopneumonia at Elko Clinic in Nevada. The claim is denied as the clinic does not meet the criteria for payment under VA regulations.

The veteran's appeal for payment or reimbursement of unauthorized medical expenses incurred during his hospitalization and outpatient services has been dismissed due to the death of the appellant.

The Board has remanded the case for additional development, including a lung examination and obtaining medical records. The veteran's lung disorder is being evaluated to determine if it was caused by service or asbestos exposure.

The Board found that the veteran's polyarthralgia was not present in service and is not otherwise related to service, thus denying her claim for service connection.

The veteran's intervertebral disc syndrome was granted service connection and assigned a 20 percent disability evaluation effective from May 30, 2000. The case has been remanded multiple times for further development.