Other conditions decisions — 2009

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board finds that VA first received information on October 15, 2007, which may be construed as a claim for additional dependent benefits for the Veteran's spouse. Payment based upon this claim is established from November 1, 2007. There is no probative evidence of an earlier claim having been received by VA.

The Veteran's unauthorized medical expenses incurred at the Wadley Regional Medical Center on April 6, 2006 are denied as there was no emergency and VA facilities were not feasibly available.

The Board denied the appellant's claim of recognition as the Veteran's surviving spouse for VA death benefits due to her divorce from the Veteran at the time of his death.

The Board has remanded the case for a videoconference hearing at the Regional Office in Cleveland, Ohio.

The Board denied the appellant's claim for compensation under 38 U.S.C.A. § 1151 for left upper eyelid removal and also denied his petition to reopen his service connection claim for left knee arthritis.

The Board has determined that the Veteran's left hip replacement results in marked residual weakness, pain, and limitation of motion. Therefore, a 70 percent rating is granted.

The Board denied the Veteran's claim for service connection for essential tremors, finding that his condition did not pre-exist his military service and was not aggravated by it.

The Board is remanding the case for further development, including a VA examination to determine if the Veteran's current abdominal disability, including an abdominal hernia and/or diastasis recti, is related to his service. The RO will also provide notice regarding disability ratings and effective dates.

The Veteran's claim for service connection for a skin disability is being remanded due to inadequate development of the record, including obtaining VA and private medical records, scheduling a VA examination during a flare-up of his claimed condition, and providing another opportunity for authorization of private medical records.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from May 16-18, 2006, at a non-VA hospital due to lack of emergent need and availability of VA facilities.

The Veteran's income for VA purposes exceeded the maximum annual pension rate payable for a Veteran with one dependent, thus denying his claim for nonservice-connected pension.

The Board denied the appellant's claim for service connection for chronic obstructive bronchopulmonary disease, finding that there was no evidence linking his current condition to his military service.

The Board denied the Veteran's claim for a disability rating in excess of 30 percent for Guillain-Barre syndrome.

The Veteran's appeal for a compensable evaluation for his lower mandibular anterior gingival graft condition has been dismissed as the appellant requested withdrawal of the appeal.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including new VA examinations.

The Board found that the Veteran's death was not caused by a service-connected disability and ruled against granting service connection for the cause of his death.

The Veteran's claims for service connection for gastroenteritis and dental trauma were denied, as there is no evidence of a current disability or that the conditions are related to service. The claim for a 10 percent rating based on multiple noncompensable disabilities was also denied due to lack of evidence showing interference with normal employability.

The Veteran's claim for a rating in excess of 10 percent for fascia loss and intra-abdominal adhesions as residuals of appendectomy was denied. The Board found that the evidence did not meet the criteria for a higher rating, with moderate muscle disability resulting from the injury.

The Board found no current diagnosis of a chronic skin disorder and denied the Veteran's claim for service connection.