Other conditions decisions — 2009

The Veteran's treatment for gastrointestinal bleeding at Shawnee Mission Medical Center from November 3, 2004 to 5:00 P.M. on November 4, 2004 is eligible for reimbursement. However, the period of admission after 5:00 P.M. on November 4, 2004 is not eligible for reimbursement as the Veteran was stable and could have been transferred to a VA facility.

The Veteran's right 4th metacarpal fracture residuals have for the entire period of increased rating claim manifested pain, but no limitation of motion or arthritis. As such, a compensable rating is not warranted.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for bilateral foot fungus, and thus denied the reopening of his claim.

The Veteran's son is not entitled to benefits under the provisions of 38 U.S.C.A. § 1805 or 38 U.S.C.A. § 1815 as he does not have spina bifida and his mother did not serve in Vietnam.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for residuals of injury to toes of the left foot. As such, the claim is denied.

The Board denied the appellant's claim for Chapter 35 DEA benefits for her attendance at Artistic Beauty College because the institution has not been approved by the State approving agency.

The Board denied the Veteran's petition to reopen his claim for service connection for residuals of a stroke and blood clot, including as secondary to service-connected synovitis of the left knee. The evidence submitted did not relate to a fact not previously established that was necessary to substantiate the claim.

The Board found that the appellant did not have recognized active service with the U.S. Armed Forces and thus is not eligible for VA benefits.

The Board has remanded the case due to incomplete notice and missing VA medical records. The Veteran's death was caused by cancer of the oropharynx, which is presumed to be related to exposure to herbicides in service.

The Board found that the Veteran had a single pleural plaque in his right hemothorax, which is not considered asbestosis or interstitial pulmonary fibrosis. The Board determined that this condition was related to asbestos exposure during service and granted service connection for it.

The Veteran's service-connected baker's cyst of the left popliteal fossa is currently rated at 20 percent, and the Board found that it does not warrant a higher rating based on the evidence provided.

The Board found that the Veteran's current right upper extremity disability was not incurred or aggravated by service, and thus denied his claim for service connection.

The Veteran's ADHD was aggravated during service, and the Board has determined that it is incurred in service.

The Board has remanded the case for additional development, including a VA examination and review of medical records.

The Board denied the Veteran's claim for an initial compensable disability rating for his service-connected mitral valve heart murmur, finding that he did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination by a sleep disorder specialist to determine if the Veteran's narcolepsy is related to his military service or due to his service-connected hypertension.

The Board denied the appellant's claim for basic eligibility to VA benefits due to a lack of qualifying service in the United States Armed Forces.

The Board has determined that the Veteran's claims for increased evaluations of residuals of L4 fracture and fractures of right tibia and fibula are denied as they do not meet the criteria for a higher evaluation under applicable rating criteria.

The Veteran's claim for TDIU was denied as he failed to report for a required VA examination, which would have determined whether his service-connected disabilities rendered him unemployable.

The Board denied an increased rating for the Veteran's service-connected residuals of a shell fragment wound of the left thigh, Muscle Group XIV, which is currently rated at 10 percent.