Other conditions decisions — 2008

The Board has granted an initial rating of 10 percent for the veteran's right scaphoid nonunion, status post surgical repair. A separate 10 percent rating is also granted for arthritis of the right thumb.

The Board denied the appellant's claim for VA educational assistance under Chapter 30, Title 38, United States Code due to a lack of eligibility based on her periods of service and contributions.

The Board has denied the veteran's claim for service connection for residuals of hernia repair, finding that there is no competent evidence linking his current condition to military service.

The Board has remanded the case due to the appellant's failure to appear at a scheduled hearing. The case will be processed for a new hearing date.

The Board denied the veteran's claims for a higher rating for his left foot disability and service connection for a bilateral eye disorder. The decision found that there was no current evidence of a bilateral eye condition.

The Board has determined that the appellant needs additional VCAA notice and will remand the case for further development.

The VA denied the veteran's claim for service connection for the cause of his death due to metastatic pancreatic carcinoma, finding that there was no evidence linking the cancer to service or herbicide exposure.

The Board found that the veteran was not a fugitive felon and thus, his pension benefits were not improperly terminated.

The Board has determined that the veteran's lung disorder is related to his service and granted service connection.

The Board has remanded the case for additional development to determine if the appellant can be recognized as the veteran's surviving spouse for VA death pension benefits.

The Board has determined that an earlier effective date for the grant of non-service-connected pension benefits is not warranted, as the veteran's claim was denied in May 2001 and reopened on January 16, 2004. The effective date assigned by VA is January 16, 2004.

The Board has determined that the veteran's left knee disability, characterized by degenerative joint disease and instability, warrants a separate initial rating of 10 percent for lateral instability but not higher. The veteran's primary condition, degenerative joint disease, does not warrant an increased rating.

The Board has granted a 10 percent disability rating for the veteran's service-connected total anacusis of the right ear, effective from the date of the decision. The mental disorder claim remains pending as it involves both direct and secondary service connection.

The case is being remanded to the RO for additional development, including obtaining a legible copy of the informed consent and reviewing all relevant clinical records from the Tampa VAMC.

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

The Board denied the veteran's claim for nonservice-connected death pension benefits as his service did not qualify him for such benefits.

The veteran's claims for higher initial ratings for cold injury residuals of each foot are being remanded to the RO for further development and readjudication. The effective date is set at December 17, 2002, the date of claim.

The Board has determined that the veteran's chronic tachycardia does not meet the criteria for a higher rating, as there is no clinical evidence of more than four episodes annually of paroxysmal atrial fibrillation or supraventricular tachycardia.

The Board found that the appellant's deceased husband had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, the appellant is not eligible for death benefits.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at a private facility on March 5, 2002 is granted as the care and services were needed due to a medical emergency that would have been hazardous if delayed. The closest VA facility was not feasibly available.