Other conditions decisions — 2008

The Board has determined that a 10 percent rating is warranted for the veteran's service-connected simple phobia, fear of flying due to its transient symptoms of anxiety and panic.

The Board has remanded the case due to new evidence submitted by the veteran's representative, and the RO must now consider this evidence in deciding whether service connection for left hand numbness and weakness with atrophy of thenar eminence is secondary to the service-connected disability of left shoulder derangement.

The Board denied the reopening of a claim for death and indemnity compensation (DIC) based on 38 U.S.C.A. § 1318 due to lack of new and material evidence.

The veteran's daughter was not entitled to DEA benefits under Chapter 35 for a period of training/study subsequent to April 22, 2005.

The Board denied the appellant's claim for VA death benefits as the decedent did not have qualifying active service for purposes of VA benefits.

The veteran seeks an initial rating in excess of 10 percent for the residuals of a stroke. The RO granted service connection and assigned a 10 percent rating, effective October 7, 2004. However, the claim is being remanded due to inadequate review of the claims file during the VA examination.

The veteran's claim for payment or reimbursement of private medical services received at Samaritan Medical Clinics in Corvallis, Oregon from May 1 to May 7, 2005 is denied as he had other health coverage (Medicare) that covered part of the expenses.

The Board finds that the veteran's chest pains, which he attributed to a heart attack, were of such nature that a prudent lay person would have reasonably expected that delay in seeking immediate medical attention would have been hazardous to his life or health. Therefore, payment or reimbursement for the cost of medical expenses incurred on April 1, 2004, at a non-VA hospital is granted.

The Board has remanded the case for additional development and readjudication.

The Board found that the veteran's sinus condition was not incurred in or aggravated by his active duty service, as there is no evidence of a chronic sinus disorder during service and the earliest documented complaints are more than a decade after discharge. The VA examiner opined that it was unlikely that the removal of wisdom teeth caused the current sinus problems.

The veteran's appeal is being remanded due to the need for proper notice under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).

The Board denied the veteran's claim for an earlier effective date of February 19, 1998 for a 10 percent rating for his service-connected sinus disability. The appeal is based on whether there was an increase in severity during the year preceding the filing of the informal claim.

The Board denied the veteran's claims of service connection for a skin rash and cardiovascular problems, both under the presumption of service connection for veterans of the Persian Gulf War.

The Board has determined that the veteran's hammertoe deformity of the left foot was not incurred in or aggravated by service and is not related to his term of active duty. As such, the claim for service connection is denied.

The Board has determined that there are no current residuals of lead poisoning, and thus the veteran does not meet the criteria for service connection.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding no new and material evidence had been submitted.

The Board denied service connection for joint pain, gastrointestinal disorder and weight gain, leg and feet swelling, and fatigue, all claimed as due to an undiagnosed illness. The veteran's claims were based on direct service connection.

The Board denied the veteran's claims for service connection for paraplegia with bladder and bowel dysfunction as secondary to his service-connected lumbosacral spine fusion and laminectomy and HNP with right sciatic paresis and foot drop, and denied his requests for increased ratings.

The VA determined that the veteran's current diagnosis of benign prostatic hypertrophy is not related to his military service, including any urinary problems he experienced during service. The Board found no evidence of a prostate disability during service and concluded there was no causal nexus between the veteran's current condition and his service-connected epididymitis.

The veteran's military service does not meet threshold service eligibility requirements for VA nonservice-connected pension benefits.