Other conditions decisions — 2009

The appeal was denied because new and material evidence had not been submitted to reopen the claim for non-service connected death pension benefits.

The Veteran's claim for a rating in excess of 10 percent for residuals of a partial left mastectomy and axillary dissection was denied as the evidence did not show significant alteration in breast size or form, nor deep scars causing limited motion.

The appeal is remanded for additional development, including a VA examination to evaluate the Veteran's claimed arthritis of the knees.

The Board denied the appellant's petition to reopen his claim for basic eligibility for VA benefits, as no new and material evidence was submitted.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on December 1, 2006 and December 5, 2006 at St. Bernard's Medical Center was denied because the emergency services were not provided in a medical emergency of such nature that delay would have been hazardous to life or health.

The Board remands the case to obtain additional evidence and re-adjudicate the Veteran's claim.

The case was remanded to ensure proper notice and evidence collection for the appellant regarding her claim for service connection for the cause of the Veteran's death.

The Board denied service connection for a third molar disability, finding that the Veteran's third molars were extracted prior to her enlistment and no evidence showed they developed due to in-service trauma or disease. The issue of entitlement to service connection for gingivitis with residual dental disabilities is remanded.

The Veteran's incomplete paralysis, left jaw, was rated as moderate and did not warrant a rating higher than 10 percent.

The Board denied service connection for arthralgia of the hips, finding no current disability and no evidence linking any hip pain to service.

The Board denied the claim for Dependents' Educational Assistance (DEA) under Chapter 35, United States Code, prior to January 14, 1999.

The Board denied the claim for service connection for obesity, finding that the preponderance of the evidence showed that the Veteran's obesity was exogenous in nature and not due to an underlying disease or caused by his service-connected bilateral knee disability or PTSD.

The Board denied service connection for Huntington's disease as there was no evidence of in-service incurrence or aggravation, and the current disability was not linked to service.

The Veteran withdrew his appeal for an initial disability rating in excess of 30 percent for service-connected mood disorder.

The Veteran is denied basic eligibility for educational assistance benefits under the provisions of Chapter 30 and Chapter 32, Title 38, United States Code.

The Veteran's service-connected left clavicle fracture residuals with arm weakness, rated at 70 percent, render him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for residuals of a right nasopharyngeal mass excision, finding no evidence linking the condition to the Veteran's military service or radiation exposure.

The Veteran's claim for educational assistance under Chapter 30, Title 38, United States Code, beyond December 9, 2005, was denied as his period of entitlement expired on the ordinary delimiting period.

The Board denied the veteran's appeal for Dependents' Educational Assistance (DEA) benefits prior to January 14, 1999, as no formal claim was filed within one year of notification.

The Veteran's service-connected left ulnar nerve disability is rated at 60 percent, and the right chest disability remains at 30 percent.