Other conditions decisions — 2008

The veteran's death was not due to a service-connected disability that had been rated as totally disabling for at least eight years prior to his death. The Board found no evidence of hypothetical entitlement under 38 U.S.C.A. § 1311(a)(2) and denied the claim.

The RO denied the appellant's claim for improved death pension benefits due to excessive income. The case is being remanded for consideration of submitted medical expenses from January 2005 to December 2005.

The veteran's cause of death was not service-connected, and he did not meet the duration requirements for a total disability rating under 38 U.S.C.A. § 1318.

The Board denied the appellant's application to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted. The evidence provided did not relate to an unestablished fact necessary to substantiate the claim.

The Board denied the appellant's application to reopen her claim for VA death benefits, finding that new and material evidence had not been received. The appeal is denied.

The Board has determined that the veteran does not have a current diagnosis of a neurological disability and therefore, service connection cannot be granted.

The veteran's claims for an increased rating and service connection are being remanded due to the need for additional examinations and medical opinions.

The veteran's appeal is remanded due to the need for a thorough and contemporaneous VA examination of his left elbow disability.

The veteran is seeking compensation for disabilities resulting from surgery performed at a VA facility in February 2004. The case has been remanded to obtain additional medical records and conduct an examination to determine if the administration of anesthesia caused or aggravated any existing disability.

The veteran's claim for service connection for residuals of dental trauma, including broken teeth, was denied. However, the veteran is granted service connection for broken teeth due to in-service dental trauma.

The veteran's claim for an initial rating in excess of 10 percent for dysthymic disorder is being remanded due to the need for additional development, including obtaining records from a previous psychiatric evaluation and clarifying GAF scores.

The veteran's application for enrollment in the VA medical healthcare system was denied because he fell into Priority Group 8, which is not eligible for enrollment after January 17, 2003.

The Board has remanded the case for further development, including obtaining treatment records and seeking an opinion from a VA physician regarding whether the treatment was rendered in a medical emergency.

The veteran's claim for payment of unauthorized medical expenses is being remanded to VA's Overton Brooks Medical Center in Shreveport, Louisiana due to a lack of timely submitted information.

The Board found that the veteran's death was not caused by or substantially contributed to by a service-connected disability, including his service-connected post-traumatic migraine headaches.

The Board found that the veteran's bilateral knee disability, diagnosed as patellofemoral pain syndrome, did not warrant a higher evaluation based on the current level of his disability during the rating period. The RO used Diagnostic Code 5014 for osteomalacia and assigned noncompensable ratings to each knee.

The veteran's claims are being remanded for additional development. The Board will schedule a video conference hearing before the RO.

The veteran's death is being reviewed under 38 U.S.C.A. § 1151 for VA medical treatment, and additional development is required to determine if the diagnosis of nasopharyngeal cancer was accurate and whether any subsequent VA care contributed to his death.

The veteran's claim for service connection for liver disease was denied as there is no post-service medical evidence of a diagnosis of a liver disease. His claim for an initial (or staged) rating in excess of 40 percent for his service-connected diabetes mellitus from September 27, 2000 through March 1, 2007 was also denied.

The Board has determined that the veteran's bilateral groin hernias were not incurred or aggravated during his military service and therefore denied his claim.