Other conditions decisions — 2009

The Board denied the appellant's claims for service connection for the cause of the veteran's death and entitlement to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, as there was no evidence that a disability of service origin or a service-connected disability caused or contributed to the veteran's death.

The appellant was granted recognition as the veteran's surviving spouse for VA purposes based on continuous cohabitation from marriage to death, despite a legal separation.

The veteran's claim for a compensable evaluation for pulmonary fibrosis, secondary to asbestos exposure, was remanded for further development including a new VA examination.

The appeal is remanded to the RO for scheduling a Travel Board Hearing.

The Board found that the veteran's sleep disorder was not related to his active duty service.

The Board denied service connection for the cause of the veteran's death, finding that his respiratory conditions were not related to his service-connected PTSD.

The Board denied the veteran's claims for service connection for right eye disability, right hip disability to include arthritis, and gastrointestinal disability as there was no evidence of an in-service injury or disease related to these conditions.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals, ventral incisional hernia repair was denied as the evidence did not demonstrate carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board denied the veteran's claim for service connection for carcinoma in situ of the exocervix, as there was no evidence that the condition was incurred during active military service or developed within one year after discharge.

The veteran is eligible for payment or reimbursement of the emergency room treatment expenses incurred on July 25, 2006, as he was in need of such care due to a serious medical condition and VA facilities were unavailable.

The Board denied the claim for service connection for endometriosis as it was determined that the condition clearly and unmistakably preexisted service and was not aggravated by service, and any post-service diagnosis of endometriosis is not attributable to service.

The Veteran is not entitled to reimbursement for the cost of unauthorized medical services provided by Licking Memorial Hospital after June 19, 2005.

The veteran's claim for an extension of the delimiting date beyond April 20, 2006 for Chapter 30 educational benefits was denied as it was determined that her sleep apnea did not prevent her from initiating or completing a chosen program of education within the otherwise applicable eligibility period.

The veteran's left testicle disability does not meet the criteria for a compensable evaluation under DC 7523 or DC 7525.

The Board denied the Veteran's claim for service connection for a bilateral hand or palm disability, finding that there was no evidence linking his current Raynaud's phenomenon to his military service.

The Board's April 2008 decision was vacated due to a denial of due process, and the case is remanded for further development.

The case is remanded to the RO for appropriate action regarding the Veteran's inferred claim for TDIU benefits.

The Board granted the veteran's request for a waiver of recovery of an overpayment in the calculated amount of $1,133.03 due to VA's substantial fault in creating the overpayment.

The Board denied the appellant's claim for an apportionment of the veteran's disability compensation benefits on behalf of his two minor children, as the veteran was found to have reasonably discharged his responsibility for their support.

The Board denied service connection for pigmented nevi, with dysplastic changes, finding no evidence linking the condition to military service or exposure to ionizing radiation.