Other conditions decisions — 2009

The VA has granted service connection for bilateral femoral neck fractures and assigned initial noncompensable ratings. The appellant is seeking an increased rating.,As of January 16, 2009, the VA has granted a 10% rating for the right femoral neck fracture.

The Veteran's appeal is about the propriety of an apportionment of $200 a month to his former wife on behalf of their son. The case must be remanded for contested claims procedures to be followed and for further development.

The Board has determined that the Veteran does not have a compensable dental condition for which service connection may be granted.

The Board has determined that the Veteran's varicose veins do not warrant a compensable rating as they are not shown to cause any functional impairment or symptoms related to his service-connected disabilities. The VA examinations and outpatient treatment records indicate that the Veteran's lower extremity pain is more likely due to non-service-connected conditions.

The Veteran's cause of death, liver failure due to hepatocellular carcinoma, was caused by his service-connected anxiety disorder which led to alcoholism.

The Veteran's appeal is remanded for further development, including obtaining VA and private medical records related to his skin condition, confirming the medications prescribed, and scheduling a new examination.

The Veteran's claim for special monthly compensation based on the need for aid and attendance of another person or housebound status is denied as he does not meet the criteria for either.

The Board denied service connection for the cause of the Veteran's death due to lack of evidence linking his terminal cancer to military service. The appellant submitted new evidence but it was not material as it did not relate to an unestablished fact necessary to substantiate her claim.

The Board has determined that the Veteran's claims for service connection for residuals of cold injury to the ears and toes, as well as claustrophobia, cannot be granted due to a lack of objective evidence supporting these conditions during or after service.

The Board found no current diagnosis of a chronic disability manifested by heart palpitations and denied the claim for service connection.

The Board found that the appellant is not eligible for DIC benefits due to her marriage taking place more than 35 years after the relevant period of service, and she had no children. The Board also noted that there was no evidence of a common law marriage between the Veteran and the appellant.

The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for additional left hip disability due to VA medical or surgical treatment, and also wants his claim of service connection reopened. The case has been remanded for further examination and development.

The Board found no evidence of a causal relationship between the Veteran's current psychiatric conditions and his military service, nor did it find any link between his migraine headaches and service. Therefore, both claims for service connection were denied.

The Board has determined that the Veteran's cause of death was not caused or contributed to by a service-connected disability, and therefore denied the claim for service connection for the cause of the Veteran's death.

The Veteran's unauthorized medical expenses incurred from December 19 to 21, 2004 at Porter Hospital in Denver were not reimbursable because the treatment was for a condition that had stabilized after initial emergency room care and did not meet the criteria for reimbursement under the Millennium Act.

The Veteran's claim for retroactive benefits for service connection of chronic lymphocytic leukemia (CLL) is being remanded due to the need for proper VCAA notice.

The Board has remanded the case due to a predicate issue regarding whether the appellant is a proper claimant, specifically if she can be considered the surviving spouse of the Veteran. The RO must address this before proceeding with the service connection for the cause of death.

The Veteran's unauthorized medical expenses incurred during treatment at Baptist Hospital in Nashville, Tennessee from November 17 to 21, 2005 are denied as he does not have an adjudicated service-connected disability and has coverage under Medicare Parts A and B.

The Board denied the appellant's claim for nonservice-connected death pension benefits as her husband did not have qualifying service in the Armed Forces of the United States.

The Board has determined that there is no service connection for the cause of the Veteran's death, and thus denied the claim.