Other conditions decisions — 2009

The Board denied service connection for a foot disability, to include fat pad atrophy of the left foot, as there was no evidence that the condition was incurred in or aggravated by active military service.

The veteran's claim for a TDIU due to service-connected disabilities is being remanded for a VA examination to determine the impact of his service-connected conditions on his employability.

The claim for educational assistance benefits under the MGIB-SR program for a Materials Handling Safety Technician certification examination taken in August 2005, is denied as it was not available prior to January 6, 2006.

The appeal for an earlier effective date for TDIU was dismissed as the December 2002 decision became final and no clear and unmistakable error (CUE) claim has been filed.

The veteran's residuals of fracture and exostosis of the left minor (non-dominant) fifth finger with surgery are rated at 10 percent effective October 1, 2007.

The veteran's request for recognition of his child, CMD, as a dependent for pension purposes based on school attendance since June 1, 2000 was denied due to untimeliness and the child's age exceeding 23 years.

The veteran's claim for additional compensation benefits based on the inclusion of a dependent spouse was denied because his service-connected disability is rated at less than 30 percent.

The veteran's appeal for a total disability rating based on individual unemployability (TDIU) is remanded for a VA medical examination to assess the impact of his service-connected disabilities on his employability.

The appeal is remanded to obtain additional medical opinions regarding the veteran's claims for compensation under 38 U.S.C.A. § 1151 for left peroneal nerve injury and Klebsiella urinary tract infection resulting from treatment received during a hospitalization in a VAMC in March 2005.

The veteran's claim for payment or reimbursement of expenses associated with unauthorized medical care provided at Bert Fish Medical Center on January 13, 2006, was denied because the treatment was not for a medical emergency and prior authorization was not obtained.

The veteran's claims for service connection for appendicitis and to reopen the claim of service connection for a gastric ulcer were denied as there was no evidence of current disability related to these conditions or that they are etiologically linked to his military service.

The Board found that the veteran's scoliosis, which was congenital and existed prior to service, was not aggravated by his military service. Therefore, the claim for service connection for scoliosis is denied.

The Board found that the decedent had no qualifying service in the United States Armed Forces and was not a 'veteran' for VA benefits purposes, thus denying basic eligibility for VA death benefits.

The veteran's dysthymic disorder has caused occupational and social impairment with reduced reliability and productivity, warranting a 50 percent disability rating.

The veteran withdrew the appeal before it was decided.

The veteran's claim for an effective date prior to September 20, 2004 for the grant of service connection for a mood disorder and panic disorder with agoraphobia was denied.

The Board denied the appellant's claim for service connection for the cause of the veteran's death, finding that it cannot be found, without resort to speculation, that the cause of the veteran's death was a pulmonary embolus as a complication of thrombophlebitis caused or aggravated by his service-connected varicose veins of the right leg.

The Board found that the veteran's tonsillar carcinoma was causally related to his military service, and granted service connection for the cause of death. The appellant is entitled to accrued benefits based on this service connection.

The issue of whether there was clear and unmistakable error in an April 6, 1971, rating decision which denied service connection for residuals of pulmonary tuberculosis is dismissed.

The veteran's claim for service connection for a disability due to in-service aggravation of congenital leg length inequality and resulting pelvis tilt is being remanded for further development, including scheduling the veteran for a VA examination.