Other conditions decisions — 2009

The Board denied the veteran's claim for an increased rating, finding that the symptomatology associated with the right hip disability is consistent with not more than slight disability of the muscles.

The veteran's claim for service connection for the residuals of an injury to the fourth finger of the left hand was remanded due to a failure to properly notify him of scheduled VA examinations.

The veteran's claim for service connection for memory loss was denied as there is no competent medical evidence linking the condition to his military service. Additionally, compensation under 38 U.S.C.A. § 1151 for memory loss was also denied as it was not shown that VA negligence or fault caused the additional disability.

The appellant does not have the requisite service to render him eligible for VA benefits.

The appeal was dismissed due to the death of the appellant.

The Board denied the veteran's claim for service connection for a dental disorder, including non-restorable teeth, as there was no evidence of an in-service injury or disease that caused the condition.

The veteran's claim for a rating in excess of 60 percent for adenocarcinoma of the prostate, status post radical retropubic prostatectomy and pelvic lymphadenectomy was remanded for further development.

The appellant's claim for special monthly pension based on the need for regular aid and attendance or at the housebound rate was denied as there is no evidence that she requires such assistance or is confined to her home.

The veteran's claim for payment of unauthorized medical expenses for services rendered at St. John's Hospital in Springfield, Illinois from April 18, 2005 to April 19, 2005 was denied because the care provided was not deemed emergent and did not meet the criteria under 38 U.S.C.A. § 1728 or 38 C.F.R. § 17.1002.

The appeal was dismissed due to the death of the appellant.

The appeal is remanded to the RO for additional development and readjudication of the claims.

The claim for basic eligibility for Department of Veterans Affairs death benefits was denied because the service department certified that the appellant's deceased spouse had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The veteran's claim for service connection for post traumatic stress disorder (PTSD) is being remanded for further development, including a VA examination to determine the etiology of any claimed disorder.

The veteran's service-connected disabilities do not meet the criteria for a permanent total disability rating, thus the appellant is not eligible for dependent's educational assistance under Chapter 35.

The veteran is entitled to an extension of her delimiting date for the award of educational assistance benefits under Chapter 30, Title 38, United States Code, for a length of time equivalent to the period from August 16, 2004 to December 17, 2004.

The veteran's right shoulder disability was not shown to warrant an evaluation greater than 10 percent for the period from August 8, 2005 to November 9, 2007. For the period beginning on and after November 9, 2007, a 30 percent evaluation was assigned.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to a lack of qualifying service by the deceased husband.

The Board granted service connection for residuals of head and brain injury, finding that the veteran's current condition is likely a result of an in-service incident.

The veteran's lumbar strain disability was found to be primarily manifested by pain on the extremes of extension without evidence of muscle spasm, guarding, abnormal gait or abnormal spinal contour. As such, an initial disability evaluation greater than 10 percent for a lumbar strain disability has not been met.

The veteran's hammer toes disability of the right foot is a residual of his in-service injury and service connection is granted.