Other conditions decisions — 2008

The veteran's claim for non-service-connected disability pension was denied because he did not serve during a period of war, and therefore is not eligible.

The appellant's service is recognized, but does not meet the legal requirements for nonservice-connected pension benefits due to lack of active military service.

The Board found that the appellant's late husband did not have qualifying service in the United States Armed Forces, and thus denied her claim for VA benefits.

The VA determined that the appellant's deceased husband did not have qualifying service in the United States Armed Forces, thus denying her eligibility for VA death benefits.

The Board found that the veteran did not have residuals of a cold injury sustained during service and denied his claim for service connection.

The VA denied an initial evaluation higher than 10 percent for the veteran's left hip trochanteric bursitis disability.

The Board denied reimbursement for unauthorized medical expenses due to the tick infestation as it was not a medical emergency and VA facilities were feasibly available.

The veteran's right foot wound required further amputation on August 18, 2005. The condition was not stabilized until August 20, 2005.,From August 20 to August 25, 2005, the right foot wound had stabilized.

The Board has determined that the veteran's right leg disability, characterized by nonunion in the right tibia and fibula, use of a brace and cane, one-half inch discrepancy with the right leg being shorter, weakness in the right ankle, atrophy in the gastrocnemius muscle on the right side affecting ankle motion, slow antalgic gait, and subjective complaints of spasms, weakness, stiffness, and extreme pain in the right leg, warrants a 40 percent disability evaluation.

The VA denied the veteran's request for payment or reimbursement of unauthorized medical services provided on September 13, 2005 by Yosemite Pathology Medical Group, Inc. because the veteran had other health coverage (Medically Indigent Adult Program) and was not eligible for VA reimbursement.

The veteran's claim for service connection for dysthymic disorder is being remanded to the RO for additional review of submitted evidence.

The Board found that there is no causal relationship between the veteran's spontaneous pneumothorax and the VA medical treatment he received in November 1993, specifically including the anesthesia used for a dental extraction.

The Board found that the veteran's current cardiovascular disability was not caused by nicotine dependence acquired in service, and thus denied his claim for service connection.

The Board found that the veteran's gastric disability did not originate during service or until more than a decade thereafter, and is not otherwise related to that period of service. The Board also determined that the disorder was not caused or chronically worsened by service-connected disability.

The Board has remanded the case for additional development due to concerns about the reliability of the copies of deck logs submitted by the veteran.

The Board has determined that the veteran's bilateral elbow disabilities were not incurred or aggravated by service, and therefore denied his claim for service connection.

The veteran is entitled to a temporary total rating based on convalescence from right hand surgery performed on April 18, 2000.,The veteran's traumatic arthritis of the right hand warrants an evaluation in excess of 20 percent.

The Board found that the veteran's claimed conditions of premature aging and infertility were not incurred in service, including as a result of exposure to herbicides.,There is no evidence linking the veteran's premature aging or infertility directly to his military service.

The Board denied the appellant's claim for VA non service-connected pension benefits due to his character of discharge from military service, which was dishonorable.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a prostate biopsy, finding that there was no evidence of carelessness, negligence, or similar fault on VA's part in providing the treatment.