Other conditions decisions — 2009

The Veteran's son is recognized as helpless on the basis of permanent incapacity for self-support due to a mental condition prior to his 18th birthday.

The Board finds that the Veteran's left hip degenerative joint disease, which required total replacement surgery, is at least as likely as not related to his in-service injury in 1958. As a result, service connection for this condition is granted.

The Veteran's request for continued educational assistance benefits under the Reserve Educational Assistance Program (REAP) has been terminated due to his transfer from the Selected Reserve to the Individual Ready Reserve. The case is being remanded to determine if he now meets the criteria outlined in 10 U.S.C.A. § 16164(a)(2).

The Board has remanded the case for further development, including verification of in-country service in Vietnam and consideration of alleged exposure to herbicides. The Veteran's claim will be adjudicated on a direct basis as well as considering his allegations of exposure.

The Veteran's service is recognized as guerrilla and Philippine Commonwealth Army service, but does not qualify for nonservice-connected death pension benefits.

The Veteran seeks TDIU based on service-connected varicose veins of the bilateral lower extremities. The case is remanded for further examination and consideration.

The Board found that the Veteran's current left leg disability is not related to his service and denied his claim for service connection.

The Board found that the Veteran's left eye macular degeneration was not incurred in or aggravated by service and denied his claim. The right eye chorioretinitis is currently rated at 30 percent, which is the maximum rating available under VA regulations.

The Veteran's claims for increased ratings for edema of the right and left lower extremities prior to September 30, 2008 were denied. The evidence did not meet the criteria for a higher rating under Diagnostic Code 7121.

The Board has determined that the Veteran is not competent to handle disbursement of VA benefits funds, as evidenced by his poor judgment and inability to manage finances effectively.

The Board has remanded the case for additional development due to new evidence submitted by the Veteran's attorney.

The Board has determined that there is no new and material evidence to reopen the Veteran's claim for basic eligibility for VA benefits based on his second period of active duty, as he did not submit any additional evidence showing he was insane at the time he committed offenses during this period.

The Board denied service connection for a lymph node disability and did not reopen the claims for residuals of right orchiectomy, diverticulitis, and cardiovascular disease due to Agent Orange exposure.

The Board denied the appellant's request 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 Board denied the Veteran's request to reopen his claim for compensation under 38 U.S.C.A. § 1151, finding that no new and material evidence had been received.

The Board found no evidence to support a causal connection between the Veteran's in-service kidney problems and the diseases leading to his death, nor did it find any service-connected condition contributing substantially or materially to his death. Therefore, the claim for service connection for the cause of the Veteran's death was denied.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Fostoria Community Hospital on July 27, 2007 was denied as he did not provide prior authorization and the treatment received was not in an emergency situation.

The Board found that the Veteran's genitourinary system disorder is not caused or aggravated by his service-connected lumbar spine disorder, and therefore denied the claim for secondary service connection.

The Board finds that the Veteran did not meet the criteria for service connection as his claimed conditions are not shown to be related to military service.

The Veteran's service was not qualifying for purposes of pension benefits, and therefore the appellant is not eligible for nonservice-connected death pension benefits.