Other conditions decisions — 2009

The Veteran's claim for an effective date earlier than January 7, 2002, and for the period between May 1, 2002, and August 26, 2002, to add a dependent child was denied as the evidence did not meet the requirements for an effective date prior to January 7, 2002.

The Board has decided in favor of the Veteran, granting service connection for Reiter's syndrome.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 has been dismissed due to the death of the Veteran.

The Board has remanded the case for further examination and review to determine if the Veteran's current psychiatric disability is related to service, considering whether it existed prior to service or was aggravated by service.

The Board found no evidence of an eye disorder related to service and denied the Veteran's claim for service connection. The right ovarian cyst was not addressed as it is a separate issue.

The Veteran's claim of service connection for colon cancer is being remanded due to the need for further development regarding potential radiation exposure during service.

The Board denied the Veteran's claim for an initial compensable disability rating for thrombocytopenia, finding that his platelet count has been consistently above 100,000 and did not meet the criteria for a higher rating.

The Veteran's application for VA education benefits to pay for law enforcement training from March 27, 2000 to March 27, 2002 was denied as the commencing date of the award of educational assistance did not meet the criteria set by regulations.

The Veteran's claim for special monthly compensation (SMC) at the rate allowed by 38 U.S.C.A. § 1114(r)(2) is granted, as he receives necessary and life-sustaining daily health care with hands-on facilitation by his wife under the ongoing direction, guidance, and supervision of his treating physician.

The Veteran's claim for higher ratings for McArdle disease with muscle weakness in the bilateral lower and upper extremities was granted, effective January 11, 2001. The RO also awarded a total disability evaluation based on individual unemployability (TDIU) and basic eligibility to Dependents' Education Assistance.

The Veteran's service-connected dermatophytosis of the bilateral feet is not shown to affect more than 40 percent of his body or require constant or near-constant corticosteroids, so he does not meet the criteria for a higher evaluation.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for VA purposes based on their common law marriage and continuous cohabitation.

The Veteran is seeking service connection for residuals of a hysterectomy. The Board has ordered the RO to obtain VA treatment records, service personnel records, and any other relevant medical records. Additionally, the Veteran needs to be scheduled for a VA gynecological examination to determine if she had a hysterectomy during service and whether her current condition is related to that surgery.

The Board has determined that the evidence received since the February 2003 rating decision does not raise a reasonable possibility of substantiating the claim of service connection for cause of death due to septicemia from intestinal obstruction, which was found unrelated to service. Therefore, the claim cannot be reopened.

The Board has determined that additional development is needed to determine if the Veteran's current arthritis of his feet, including any associated disorders, are related to his military service, particularly exposure to cold.

The Board has determined that the appellant did not submit new and material evidence to reopen her claim for revocation of forfeiture declared against her, thus denying the claim.

The Board found that the Veteran's sinus condition is not related to his active duty service and denied his claim for service connection.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at a non-VA medical facility is being remanded due to the lack of clarity regarding whether VA facilities were feasibly available within their Puget Sound Health Care System.

The Veteran's appeal is being remanded due to scheduling issues for a hearing. The issue of entitlement to non-service connected pension remains on hold until further notice.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred between April 9, 2005 and April 12, 2005 is denied because he was covered under a health-plan contract at the time of treatment.