Other conditions decisions — 2009

The Veteran's VA pension benefits were denied as he was incarcerated beginning on June 22, 2006, and the law does not allow pension benefits for individuals imprisoned in a Federal, State, or local penal institution.

The Veteran's claim for an earlier effective date than May 19, 2006 for the assignment of a 30 percent rating for his service-connected right deltoid disability was denied as there is no evidence demonstrating a factually ascertainable increase in severity prior to that date.

The veteran's claim for service connection for cranial nerve damage with diplopia was reopened based on new and material evidence.

The Veteran was denied basic eligibility for enrollment in the VA Healthcare System due to not meeting the required priority group based on his level of income and lack of service-connected disabilities.

The Veteran was granted payment or reimbursement of medical expenses incurred at the Memorial Hospital for emergency treatment on March 26, 2007, as it was determined that a VA facility was not feasibly available and the treatment was rendered in a medical emergency.

The Board assigned an earlier effective date of October 18, 1995, for service connection for the cause of the Veteran's death based on correspondence from the appellant. The Court affirmed this decision.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for a nervous disorder, and granted service connection based on the finding that the Veteran's pre-existing nervous disorder was aggravated by his period of active duty.

The Board remanded the claim for readjudication in accordance with a Joint Motion for Remand due to the need for additional development, including obtaining relevant VA treatment records and scheduling a medical examination.

The Veteran's VA disability compensation benefits were terminated effective December 27, 2001 due to his fugitive felon status. An overpayment of $6,196.80 was created as a result.

The Veteran's claim for an initial compensable rating for residuals of an excision of a foreign body from the left calf was denied as there is no evidence of pain, limitation of motion, or limitation of function in the scar, and no muscle damage due to the excision.

The appeal is remanded for additional development to address the etiology of the Veteran's Dupuytren's contracture in relation to his service and a service-connected disability.

The appeal was withdrawn by the Veteran through his representative, and thus is dismissed.

The Board remands the claim for further development to determine if there has been any aggravation of chronic myeloproliferative disorder as a result of malaria or residuals thereof.

The Board denied service connection for the cause of the Veteran's death as a disease or injury that caused or contributed to his death was not shown to be a result of any established event, injury, or disease during active service.

The Veteran's service-connected right eye disfigurement is not more than 30 percent disabling, and the effective date for a 40 percent rating was properly set at July 16, 2001.

The Board denied service connection for residuals of a back injury and a bilateral hip disorder, finding no evidence linking the conditions to the Veteran's military service.

The Board found that new and material evidence was not provided to reopen the claim for entitlement to helpless child benefits.

The Board found that the Veteran's bilateral hip disability first manifested many years after service and is not related to his active service or any incident therein.

The Board denied service connection for a genitourinary condition, to include claimed residuals of gonorrhea and impotence, as there was no competent evidence linking the Veteran's current conditions to his active duty service.

The Veteran is not service connected for a disability that qualifies him for assistance in acquiring an automobile and adaptive equipment or for adaptive equipment only.