Other conditions decisions — 2008

The veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at an RO in Nevada. The case will be returned to the Board after any necessary development.

The Board denied the appellant's claim for death pension benefits because the decedent did not have recognized service with the Special Philippine Scouts, which is required for eligibility to receive VA pension benefits.

The Board of Veterans' Appeals has determined that the veteran's need for colostomy and removal of bladder and prostate was caused by carelessness, negligence, or lack of proper skill on the part of VA during hospitalization at MOFH in February to March 2003. The decision is granted.

The Board has remanded the case for additional development due to insufficient evidence regarding the veteran's service connection claims.

The veteran's mental health disability is unclear, and a VA examination is needed to determine the current nature of his condition and its likely etiology. The examiner should also assess whether any acquired psychiatric disorder is related to service.

The Board has granted the veteran's claim for service connection for bilateral great toe onychomycosis and assigned a noncompensable initial disability rating, which is now increased to 10 percent.

The Board has granted the veteran's service connection claim for residuals of frozen ears, including actinic keratosis, finding that his statements concerning the occurrence of the in-service injury are credible and linking the current disability to his in-service ear injuries.

The Board has remanded the case due to unclear service dates and a need for further development of the appellant's claims, including her secondary service connection claim.

The Board denied service connection for a respiratory disorder secondary to exposure to chemicals in September 1996 and the claim is not reopened.,The effective date for additional disability compensation benefits for the veteran's child, RS, cannot be earlier than August 1, 1998.,The effective date for additional disability compensation benefits for the veteran's child, FS, cannot be earlier than September 1, 1998.

The Board denied the veteran's request to reopen his claim of service connection for bilateral pterygium, finding that no new and material evidence had been submitted.

The Board has dismissed the appeal due to the veteran's withdrawal of the appeal prior to a decision being made.

The veteran's claim for payment or reimbursement of medical services provided at Dodge County Hospital is being remanded due to the need for further development and consideration under applicable regulations.

The Board has determined that the veteran's essential tremor of the bilateral hands was aggravated by service, and thus grants service connection for this condition.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital on March 27, 2007 was denied as he did not meet the criteria under VA regulations and laws.

The Board has remanded the case for further development to verify any period of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA) that the veteran may have had in April 2002, as this could affect his claim for service connection.

The Board has determined that the creation of an overpayment due to compensation for a dependent spouse was improper and has ordered further action by the AOJ.

The Board is remanding the case to determine if new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death, specifically addressing whether the veteran was in 'no casualty status' at the time of his death.

The veteran's service-connected lumbar spine disability is productive of no more than slight limitation of range of motion with demonstrable deformity of vertebral body, without limitation of forward flexion to 30 degrees or less, and no findings of ankylosis. The Board found that the preponderance of evidence did not support a higher rating.

The Board found no relationship between the veteran's service-connected bilateral hand palmar hyperkeratosis and his current bilateral hand arthritis, thus denying secondary service connection for the latter.

The Board has determined that the veteran's obesity is not due to a disease or injury incurred during service, and therefore denied his claim for service connection.