Other conditions decisions — 2008

The Board denied the veteran's claims for increased ratings for his service-connected hypertensive cardiovascular disease and prostatitis, finding that the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board found that the veteran's gout, which was first diagnosed three years after his most recent period of ACDUTRA ended, is not related to service or to medication prescribed for his service-connected otitis media.

The Board has determined that the submitted evidence is not new and material, thus denying the veteran's claim to reopen his service connection for chronic right great toe fracture residuals.

The veteran's countable annual income for VA pension purposes is in excess of the established maximum rate of pension payable for a veteran entitled to nonservice-connected improved pension benefits with a spouse and one dependent. Therefore, he is not entitled to nonservice-connected disability pension benefits.

The Board has determined that the veteran's chronic otitis externa is not related to his active military service and therefore denied his claim for service connection.

The veteran's death was not service-connected, and the appellant did not meet any of the criteria for nonservice-connected burial benefits. The appeal is denied.

The veteran's claims for service connection for post-traumatic-stress-disorder and a dental condition were denied as there was no evidence of current disabilities or a link to service.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the veteran's post traumatic stress disorder warrants a 70 percent evaluation since March 31, 2005, due to occupational and social impairment with deficiencies in most areas.

The Board denied the appellant's claim for nonservice-connected VA pension benefits as they did not have qualifying service to be eligible.

The Board has remanded the case due to inadequate notice provided to the appellant regarding her DIC claim.

The Board has determined that the veteran's service-connected right hip bursitis does not warrant an initial compensable rating, as there is no objective x-ray evidence of arthritis or other hip joint abnormality. The preponderance of the evidence is against the claim for a compensable rating.

The Board found that the veteran's chronic brain syndrome associated with brain trauma does not meet the criteria for a disability rating in excess of 30 percent.

The Board has determined that further development is needed to address the service connection claim for an abdominal aortic aneurysm, including as secondary to the veteran's service-connected disabilities of fibrous dysplasia and hemorrhoids.

The Board has found clear and unmistakable error in the June 1993 rating decision that did not assign additional compensation for the veteran's dependent spouse. The effective date is set at March 17, 1993.

The Board has determined that additional action is required due to the need for proper VCAA notice regarding the reopening of a claim for service connection for the cause of death. The case is REMANDED for further development.

The Board denied the veteran's claims for service connection for temporomandibular joint syndrome (TMJ) and gastrointestinal disorder, finding no evidence of a causal relationship to active duty service.

The Board has received new evidence in support of the veteran's claim for service connection for mitral valve prolapse, mild by history (formerly diagnosed as heart murmur). The case is being remanded to the AOJ for consideration of this additional evidence.

The Board found that the appellant was not permanently incapable of self-support prior to his 18th birthday, and thus denied the claim for recognition as a helpless child.

The veteran seeks payment or reimbursement for unauthorized medical expenses incurred at Comanche County Memorial Hospital on November 3, 2004. The VAMC must determine if a VA facility was feasibly available and whether the claim should be granted under both 38 U.S.C.A. § 1725 and 38 U.S.C.A. § 1728.