Other conditions decisions — 2009

The appellant has withdrawn her appeal, effectively dismissing the claims for service connection for the cause of the Veteran's death and accrued benefits.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a stroke was denied as there is no evidence that the Veteran suffered additional disability attributable to VA care, and any potential residual disability was not due to negligence or fault on VA's part.

The Board is remanding the case to the RO for review of new evidence and compliance with Kent v. Nicholson, 20 Vet. App. (2006). The appellant's claim will be reconsidered based on this additional information.

The Veteran's daughter, who is the appellant, did not meet the age requirements for eligibility to receive Dependents' Educational Assistance (DEA) benefits under Chapter 35 of Title 38, United States Code. The appellant was 36 years old when her father received a permanent and total disability rating due to service-connected disability, which occurred after she had already reached the age of 26.

The Veteran's claims for educational assistance under Chapters 32 and 34 were denied as he did not have qualifying active duty service.

The Veteran's claim for payment or reimbursement of medical services provided by SACH on April 27, 2008 was denied because a VA facility was feasibly available to provide the necessary care.

The Board has determined that the Veteran's current neck disability is not related to his service, including as due to an injury therein. As a result, the claim for service connection for residuals of a neck injury is denied.

The Board has determined that the Veteran's currently diagnosed autoimmune disorder is etiologically related to his period of active service and grants service connection for this condition. The issue of service connection for depression as secondary to an autoimmune disorder remains pending.

The Veteran's claim for an increased rating for his service-connected Hodgkin's disease residuals was granted, with a current disability rating of 20 percent.

The Board found that the Veteran does not meet the criteria for service connection for a dental condition for treatment purposes due to lack of compensable service-connected disability and failure to file a timely claim.

The Veteran's claims for service connection for depression and a disability rating in excess of 10 percent for his duodenal ulcer were denied. His claim for a higher disability rating for left foot exostosis, post-operative, with entrapment of dorsal cutaneous nerve (claimed as fracture) was also denied.

The Veteran's skin condition, currently diagnosed as dermatomyositis, is found to be causally related to her military service. Service connection for this condition is granted.

The Veteran's claim for a rating in excess of 20 percent for myofascial lower back pain was denied. The issue of a separate compensable rating for neurological symptoms associated with the service-connected myofascial lower back pain is pending.

The Veteran's claim for payment or reimbursement of medical expenses incurred at OU Medical Center is being remanded due to the need for additional evidence regarding VA's nonfeasibility in providing emergency services.

The Board has determined that the Veteran's gynecological disorder and skin disorder were not incurred or aggravated by active service.

The Board has remanded the case due to a disagreement over the methodology used in assessing the Veteran's exposure to ionizing radiation and its potential impact on his bladder cancer. The appeal is now pending for further review.

The appellant's military service does not meet the threshold eligibility requirements for VA non-service connected pension benefits.

The Board found that there has been no demonstration of bilateral lower extremity stress fractures and denied the Veteran's claim for service connection.

The Veteran's service-connected post operative residuals of a shell fragment wound of the small bowel is manifested by multiple daily incidents of diarrhea, abdominal cramping, pain, bloating, and occasional nausea or constipation. The Board finds that his symptoms more closely approximate the criteria for a 30 percent rating under DC 7319.

The Veteran is not entitled to travel pay for treatment at the Little Rock Veterans Hospital because he did not apply within 30 days of completing his travel and there was no prior authorization for travel.