Other conditions decisions — 2009

The Board has dismissed the appeal due to the death of the appellant.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was not granted a compensable rating for his bilateral foot dyshidrosis or residuals of left hand fifth metacarpal fracture with traumatic arthritis, and he did not receive service connection for PTSD, diabetes mellitus, glaucoma, or peripheral neuropathy of the feet.

The Veteran's appeal is being remanded for further evaluation of his service-connected right clavicle fracture to determine the current severity and whether an increased rating is warranted.

The Veteran's appeal is remanded for further development, including a VA examination to determine the current extent of his service-connected mastocytosis and whether there are additional diagnostic codes applicable.

The Veteran died of metastatic cancer, with the colon as the site of origin. There is no evidence linking his death to service or any service-connected conditions.

The Veteran's thoracic spine disability has been manifested by subjective complaints of pain on motion and periodic numbness in the hands. Objective findings include substantial range of motion and mild to moderate muscle spasms with recurrent episodes of loss of feeling in the hands bilaterally; incapacitating episodes of intervertebral disc syndrome and severe muscle spasm or guarding, which has resulted in an abnormal gait or abnormal spine condition have not been shown.

The Board found no credible evidence linking the Veteran's current back condition to his service, including a reported fall aboard USS Gearing in 1951. The claim for service connection was denied.

The Veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30 beyond March 29, 2000 is denied as there is no legal basis for extending the delimiting period past that date.

The Veteran's appeal is being remanded for scheduling a hearing in Portland, Oregon. The case will be returned to the Board after the hearing.

The Board has determined that the Veteran does not have a current skin disability and there is no evidence linking any past or present skin condition to his military service. Therefore, the claim for service connection for a skin disability is denied.

The VA determined that the appellant's income exceeds the maximum annual pension rate for a surviving spouse without children, thus denying her improved death pension benefits. The claim for special monthly compensation based on need for aid and attendance or housebound status was also denied.

The appellant seeks VA death benefits as the surviving spouse of her deceased husband. The case is being remanded to obtain necessary documents and adjudicate the claim on the merits.

The Veteran's death certificate was received, but no claims for periodic monetary benefits were pending at the time of his death. The appellant applied for VA burial benefits and accrued benefits, but there is no indication of unpaid pension benefits due to the discontinuation of such benefits on the last day of the month prior to the Veteran's death.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 due to negligence in his rectal surgery is being remanded for further development, including obtaining a signed written consent form and conducting an examination to determine if he suffered additional disability.

The Board has determined that M.A.L. cannot be recognized as the Veteran's adopted child for VA purposes due to lack of entitlement to dependent benefits and other requirements.

The Board is remanding the case to the RO for further action, including providing VCAA compliant notice and attempting to obtain additional evidence. The claim will be adjudicated again based on the new information.

The Veteran died of complications from non-Hodgkin's lymphoma and did not meet the criteria for VA burial benefits due to lack of service-connected disability at time of death.

The veteran's claim for payment of unauthorized private medical treatment incurred at Wellmont Holston Valley Medical Center from February 28, 2007, to March 9, 2007 is denied as the evidence does not meet the criteria for VA reimbursement under 38 U.S.C.A. § 1725.

The Board of Veterans' Appeals has determined that the VA Medical Center in Oklahoma City denied the appellant's claim for reimbursement of unauthorized medical expenses and transportation provided between April 22, 2007 and April 25, 2007. The decision is based on the argument that VA facilities were feasibly available to provide the care.

The appellant's deceased spouse did not have qualifying service to be eligible for VA pension benefits, and therefore the appellant is not eligible for VA death pension benefits.