Other conditions decisions — 2009

The Board has reopened the claim for service connection for sickle cell disease due to new and material evidence. However, the claim is being remanded for further development before readjudicating on the merits.

The Board has determined that the Veteran's desmoid tumor is related to an injury sustained during service, and thus grants service connection for this condition.

The Veteran's skin disability, including the scar behind his right ear and cysts on his back, did not meet the criteria for an initial rating in excess of 10 percent prior to July 1, 2005.

The appellant's claim for retroactive Dependents' Educational Assistance under Chapter 35, Title 38, United States Code was denied as he did not apply within a year of the notification that his father had established eligibility to DEA.

The Board has denied the Veteran's claim for service connection for a groin disability and his TDIU claim due to service-connected disabilities. The decision is based on the lack of new and material evidence to reopen the previously denied claim, as well as the absence of evidence that raises a reasonable possibility of substantiating the claim.

The Board denied reimbursement or payment for unauthorized medical services rendered at Tahlequah City Hospital on January 16, 2007 due to the absence of an emergency and the availability of VA facilities.

The Veteran's appeal has been withdrawn, and thus the case is dismissed.

The Veteran's currently diagnosed hereditary cerebellar ataxia was found to have first manifested during his period of active military service, and the Board granted service connection for this condition.

The Board has determined that an effective date prior to February 11, 2002 for the assignment of a 60 percent disability rating for service-connected post-operative fistula in ano is not warranted.

The Veteran's hiatal hernia has been rated as 30 percent disabling since November 17, 2002. The Board found that the symptoms of dysphagia, pyrosis, regurgitation, and substernal pain warrant this rating.

The Board has determined that the Veteran's herpes simplex does not warrant a compensable rating from March 26, 1999 to the present.

The Board has granted service connection for bilateral retropatellar pain syndrome, finding that the Veteran's in-service diagnosis of retropatellar pain syndrome is sufficient to establish service connection.

The Veteran's claims for an initial rating and service connection were denied. The Veteran was granted noncompensatory, service connection for his hearing loss in the right ear and bilateral knee disabilities.

The Board denied the Veteran's claims for service connection for a nervous condition and residuals of a back injury, finding that there was no evidence to support these claims based on his active duty service. The claim is also denied as accrued benefits because the appellant did not file her claim within one year of the Veteran's death.

The Veteran's claim for a compensable rating for residuals of burns of the lower extremities has been denied as there are no disabling residuals.

The Veteran's skin cancer, claimed as squamous cell carcinoma of the left cheek and basal cell carcinoma of the upper back, was not incurred in or aggravated by active military service. The Board found no competent medical evidence linking his current condition to service.

The Veteran's death was not caused by a service-connected disability, and the appellant does not meet the requirements for entitlement to re-instatement of Improved Death Pension benefits as of May 1, 2005.

The Board has ordered additional VA clinical records and a review by a specialist in cardiothoracic surgery or critical care to determine the cause of death, specifically whether residuals from the Veteran's gastric resection contributed substantially or materially to his death.

The Veteran died in October 2004 and was not buried in a state or national cemetery. The claim for nonservice-connected burial benefits is denied as the Veteran did not meet the eligibility criteria.

The Board has determined that a VA examination is needed to determine the current status of the Veteran's right foot disorder and whether it is related to his active duty service.