Other conditions decisions — 2008

The Board has determined that the veteran's left malleolus fracture residuals warrant a 10 percent disability rating.

The veteran's service does not meet the basic eligibility requirements for nonservice-connected disability pension because he did not serve during a period of war.

The Board found that the evidence did not support a grant of service connection for glomerulonephritis, as there was no evidence of kidney disease during service or within one year after service. Therefore, accrued benefits based on this unresolved claim are denied.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Largo Medical Center Hospital from January 23, 2004 to January 29, 2004 has been dismissed due to the death of the veteran.

The veteran's appeal is being remanded due to a hearing request. The case will be returned to the RO for scheduling a hearing before a local hearing officer at the RO.

The Board has granted service connection for right and left hip pain as secondary to a service-connected disability (bilateral knee disorder). Service connection for pes planus is also granted.

The Board has determined that there is no evidence of a right foot fracture during service and the veteran's current calluses on his right foot are not related to his in-service injury. Therefore, service connection for a right foot disability is denied.

The veteran seeks an extension of her delimiting date for Chapter 30 educational assistance benefits. The Board denied the request as there was no medical evidence showing a physical or mental disability prevented her from initiating or completing education during her eligibility period.

The Board has determined that the veteran's defective hearing in the left ear is at least as likely as not related to exposure to acoustic trauma during military service, and thus grants service connection for this condition.

The veteran's claims for compensation under the provisions of 38 U.S.C.A. § 1151 for right arm and left leg injuries are being remanded due to incomplete records and need for further medical evaluation.

The veteran's claim for service connection for residuals of a punctured right eardrum was denied as there are no current residuals of the condition from disease or injury incurred during his military service.

The Board has reopened the veteran's claim for service connection for essential blepharospasms and granted it as secondary to his service-connected PTSD. The rating assigned is 30 percent effective October 1, 2001.

The Board denied the appellant's claim for basic eligibility for Department of Veterans Affairs nonservice-connected pension benefits due to their only service being with the New Philippine Scouts from June 1946 to March 1949, which does not qualify them for non-service-connected pension.

The Board finds that the criteria for payment or reimbursement of unauthorized medical expenses incurred on May 1, 2004 at Cape Coral Hospital have been met due to a reasonable doubt in favor of the veteran's claim. The treatment was deemed necessary as it was rendered in a medical emergency and delay would have been hazardous to the veteran's health.

The Board denied the appellant's request to reopen his claim for legal entitlement to VA benefits due to lack of new and material evidence.

The Board denied the appellant's claim for VA benefits due to a lack of qualifying service by her deceased spouse, who had no recognized guerrilla service in the United States Armed Forces.

The Board denied the appellant's claim as her deceased husband did not have qualifying service for VA benefits purposes.

The Board denied the veteran's application to reopen his claim for service connection for a testicular condition, finding that new and material evidence had not been presented. The decision also noted that the last final denial of the claim was in April 2004.

The Board denied the veteran's claim for service connection for bone deterioration, muscle wasting, and nerve damage as a result of ionizing radiation exposure. The decision is not clear on the reasoning provided.

The veteran's claim for an increased rating for his service-connected right hand injury is being remanded due to the need for additional medical examination and development of records. The case will be returned to the Board for further review after these actions are completed.