Other conditions decisions — 2009

The case is remanded to obtain necessary records and determine if VA or other Federal facilities were feasibly available at the time of emergency treatment.

The Board denied the veteran's claim for service connection for a back disorder, including a herniated disc and sacroiliac strain, as it was not shown to have been incurred in or aggravated by active service, nor was it proximately due to her service-connected right ankle disability.

The veteran's service-connected thyroid disorder is not manifested by tachycardia, increased levels of circulating thyroid hormones, eye involvement, muscular weakness, or loss of weight. Therefore, a higher rating than 60 percent is not warranted.

The veteran's appeal to the Court was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board denied the veteran's claim for service connection for adenocarcinoma of the prostate, finding that it was not related to his in-service exposure to ionizing radiation.

The Board denied an initial disability rating in excess of 40 percent for the service-connected residuals of a stroke, manifested by right leg weakness, and an initial disability rating in excess of 10 percent for the service-connected residuals of a stroke, manifested by aphasia.

The Board found that the veteran's death was not proximately due to or the result of a disease or injury incurred in service, or due to a service-connected disability.

The appellant was denied as a proper claimant for REPS benefits due to not being the surviving spouse or child of the veteran.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for surgeries performed for residuals of fracture of metatarsal bones of the left foot is being remanded to schedule a VA examination.

The veteran's appeal for service connection for shortness of breath was denied due to the lack of objective evidence of a chronic disability.

The veteran's claim for nonservice-connected pension benefits was denied because he had not established entitlement to such benefits prior to his incarceration, and there is no legal basis for consideration of his potential eligibility until he is released from prison.

The Board denied service connection for residuals of a gunshot wound to the right torso, finding that the condition was not aggravated by active service.

The appellant's husband was not a 'veteran' within the meaning of governing criteria, and thus she does not meet the basic eligibility requirements for death pension benefits.

The appeal is remanded to the RO for additional development, including a new VA examination.