Other conditions decisions — 2008

The Board denied the claim of service connection for the cause of the veteran's death, finding that there was no evidence linking the fatal disease to a period of military service or to an already service-connected disability.

The veteran's appeal is being remanded due to scheduling issues for a video conference hearing at the RO.

The Board has determined that the veteran's preexisting gouty arthritis was aggravated by service, and therefore grants service connection for gouty arthritis.

The Board denied the appellant's request for an extension of her delimiting date for DEA benefits beyond July 1, 2004. The decision found that she was not eligible for such an extension based on the expiration of the 10-year period and lack of enrollment in a school prior to July 1, 2004.

The Board has remanded the case for further development to determine if the appellant's treatment was in a medical emergency, VA facilities were not feasibly available, and other prerequisites for payment of unauthorized medical expenses are met.

The veteran was diagnosed with myofascial pain syndrome during service and immediately thereafter. The Board granted service connection for this condition, finding that the disability resolved prior to the Secretary's adjudication of the claim.

The Board denied the veteran's claims for increased ratings for his service-connected left leg injury with arterial insufficiency, finding that he did not meet the criteria for a higher rating prior to March 29, 2004 and from March 29, 2004.

The VA determined that the veteran's service-connected alopecia areata, which is currently rated at 50 percent disabling, does not warrant an evaluation in excess of this rating.

The appellant is not entitled to an apportionment of the veteran's VA disability compensation benefits as she is no longer the veteran's spouse and the relevant regulations do not apply to her.

The Board has determined that the veteran's current edema of the lower extremities was incurred in active service and granted service connection for this condition.

The Board found that the veteran's non-Hodgkin's lymphoma was not incurred in or aggravated by his active service, nor may it be presumed to have been incurred therein. The claim for service connection was denied.

The Board has determined that the veteran's cold injury residuals of the bilateral upper and lower extremities are at least as likely as not related to his military service, including in-service exposure to cold weather conditions. As a result, the claim for service connection is granted.

The Board has decided to remand the case for further development, including a VA examination and additional VCAA notice.

The Board has denied the veteran's claim for an initial, compensable rating for sexual dysfunction as his condition does not meet the criteria for a compensable rating under Diagnostic Code 7522.

The Board finds that the veteran's blindness of the left eye is proximately caused by VA's failure to timely diagnose and treat his glaucoma, which resulted in permanent loss of vision. The most probative medical evidence supports this conclusion.

The veteran's appeal for reimbursement of unauthorized medical expenses incurred at a non-VA hospital has been dismissed due to the death of the appellant.

The Board has determined that the appellant is not entitled to a waiver of overpayment due to her child's receipt of VA benefits while the veteran was in fugitive felon status.

The Board has determined that the veteran's treatment at Flagler Hospital on December 24, 2006 was for a medical emergency of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health. Therefore, payment or reimbursement is granted.

The Board has determined that the veteran's service-connected chronic gastritis warrants a 10 percent disability rating, effective from June 2004.

The Board denied the veteran's claims for service connection for absence of stomach muscles and collapse of veins, as there was no evidence of a current disability related to these conditions.