Other conditions decisions — 2009

The Board denied the veteran's petition to reopen a claim for service connection for loss of vision, as new and material evidence was not received.

The appeal is remanded to the RO for further development and readjudication of the veteran's claim for compensation under 38 U.S.C. § 1151 for bunionectomy, right great toe with hammertoe release.

The veteran's notice of disagreement (NOD) with the December 2005 decision review officer (DRO) decision was not timely submitted, and therefore, the appeal was dismissed.

The appellant is not eligible for reinstatement of DIC benefits as the remarried widow of a veteran as a matter of law.

The veteran's residuals of a tonsillectomy are manifested by complaints of recurrent cough and hoarseness without inflammation of cords or mucous membranes, and therefore do not warrant a compensable rating.

The claim for payment or reimbursement of unauthorized emergency medical expenses was denied due to the failure to file a timely claim within 90 days after discharge from the private hospital.

The Board denied the petition to reopen the claim for basic eligibility for VA Dependency and Indemity Compensation (DIC) benefits, as new and material evidence was not received.

The appeal is remanded to facilitate proper notice under the VCAA and to permit initial adjudication of the appellant's varied allegations both as to her claim for service connection for the cause of the veteran's death and for accrued benefits.

The Board remands the claim for a VA examination to determine if the veteran has an elbow disability and whether it is related to service.

The Board denied service connection for a nervous condition due to the lack of evidence showing a current diagnosis and no in-service complaints or treatment.

The Board denied the veteran's claim for Educational Assistance under Chapter 30, Title 38, United States Code, for a HIT course as the course was not part of her program of study.

The veteran is not eligible for reimbursement or payment of the cost of private medical care provided on December 31, 2006, at St. John Sapulpa Hospital in Salpulpa, Oklahoma.

The veteran's claim for educational assistance benefits under Chapter 30 was denied because the application was received after the one-year period from the date of training.

The veteran's stomach condition was neither caused nor aggravated by his time in service, or by service-connected residuals of bilateral inguinal hernia repair.

The Court's September 2008 affirmance of the Board's January 2007 decision precludes the Board from addressing on the merits the appellant's October 2007 motion alleging CUE in the January 2007 Board decision; therefore, her motion must be dismissed.

The veteran's brachial plexopathy has been shown to cause mild neurological impairment of the right upper extremity, but an initial rating in excess of 20 percent is not warranted.

The Board dismissed the motion for revision of a 1997 decision that denied service connection for residuals of a hysterectomy, finding no clear and unmistakable error.

The Board denied service connection for residuals of a neck injury and trochanteric bursitis, left hip as they were not related to the veteran's service or secondary to his service-connected low back pain.

The appellant is not recognized as the veteran's lawful surviving spouse under Philippine law due to their close blood relationship, which makes their marriage void ab initio.

The appellant, who is the veteran's adult step son, was denied entitlement to accrued benefits as he did not qualify as a child of the veteran and there was no evidence that he bore the expenses of the veteran's last sickness or burial.