Other conditions decisions — 2009

The Board has remanded the case for further development, including scheduling a travel board hearing and addressing the representative's request for medical records. The appeal is not about service connection at all.

The Board has denied the Veteran's claims for service connection for gastritis, peptic ulcer disease (gastric or duodenal), hiatal hernia, and gastroenteritis. The evidence does not support a finding that these conditions are related to her military service.

The Veteran's claim for reimbursement of emergency transportation services provided by EMSA on July 7, 2006 was denied as he did not meet the eligibility criteria under VA regulations.

The Veteran's service-connected cervicothoracic spine disability is not productive of limitation of forward flexion to 30 degrees or less, combined range of motion of the cervical spine of 170 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or kyphosis, or ankylosis of the cervical spine. Therefore, a disability rating in excess of 10 percent is not warranted.

The Veteran's service-connected pseudocyst of the pancreas was granted a 60 percent evaluation beginning October 30, 2007. The condition is characterized by frequent attacks of abdominal pain and loss of normal body weight.

The Board has remanded the case due to insufficient evidence regarding the Veteran's neck disorder claim. The case will be returned for further examination and opinion.

The Board found that there is insufficient evidence to support a finding of a current chronic respiratory disability related to service, and denied both the claim for service connection and the request for an increased rating.

The Board found that the Veteran's Osgood-Schlatter disease of the left knee status post surgery is principally manifested by pain, instability, and locking with objective findings of flexion ranging from 85 degrees to full flexion; extension ranging from a limitation of 5 degrees to full extension. The disability does not meet or approximate the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's claims for increased evaluations were denied as the evidence did not meet the criteria for higher ratings under the applicable VA rating criteria.

The Veteran's enrollment periods from January 4, 2002 to September 18, 2002 at Western Seminary Seattle were not approved by the State approving agency for VA benefits. Therefore, payment is denied.

The Board has put the case in abeyance due to a pending MRI related to the Veteran's eye disabilities. The case is being remanded for further action, including obtaining any relevant VA treatment records.

The Board denied service connection for the cause of the Veteran's death and eligibility for Survivors' and Dependents' Educational Assistance under 38 U.S.C.A. Chapter 35.

The Veteran's request for reimbursement of unauthorized medical expenses incurred at a non-VA facility on November 18, 2007 was denied because he had coverage under Medicare insurance which partially reimbursed the costs.

The Board has found that the Veteran's lung condition is due to asbestos exposure in service and grants service connection for this condition.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's decreased vision and vertebral-basilar insufficiency, transient attack, claimed as a stroke, were not shown to be causally or etiologically related to active military service.,Service connection for bilateral hearing loss and tinnitus was denied.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claim for service connection for cause of death, and thus the claim is denied.

The Board found that the loss of vision in the right eye did not originate during service and is unrelated to any event or condition therein, including elevated sedimentation rates. The Veteran's current diagnosis of temporal arteritis with associated visual impairment was determined to be a separate issue from his service connection claim.

The Veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of the case.

The Board has determined that new and material evidence has not been presented to reopen the claim of entitlement to DIC based on service connection for COD, including as the result of exposure to herbicide agents. The Appellant's previous denial was due to lack of sufficient evidence.