Other conditions decisions — 2010

The Board found no evidence linking the Veteran's metastatic cancer to his military service or any of his service-connected conditions, and thus denied the claim for service connection for the cause of death.

The Board found that the Veteran's bilateral weakness in the lower extremities was not incurred in active service and is not proximately due to or aggravated by a service-connected disorder.

The Veteran's appeal is being remanded for additional development of the record, including obtaining medical records and scheduling VA examinations to assess his service-connected disabilities.

The Board has determined that the Veteran was not a prisoner of war (POW) during his military service and therefore, does not meet the criteria for former POW status. As such, he is denied recognition as a former POW for purposes of VA benefits.

The Board found that the cause of death, metastatic colon carcinoma, did not develop during service or within a year after separation. The Veteran was not on active duty for training (ACDUTRA) at the time of his diagnosis and there is no evidence linking the cancer to any period of ACDUTRA. Therefore, the Board denied service connection for the cause of death.

The Board has remanded the case due to a lack of recent financial information and potential procedural errors in contested claims procedures.

The Veteran's claims for increased ratings for bilateral shin splints and pes planus were denied, with the Board finding that there are no current objective findings specific to service-connected shin splints other than tenderness. The Veteran's claim for an initial rating in excess of 30 percent for depressive disorder was granted.

The Veteran seeks service connection for residuals of an aortic aneurysm, which he claims is related to injuries sustained during his active duty in the Navy. The Board has determined that additional development is needed before this claim can be decided.

The Board has determined that the Veteran's death was not caused by his service-connected conditions, and therefore denied dependency and indemnity compensation under 38 U.S.C.A. § 1318 and eligibility for Dependents' Educational Assistance (DEA) benefits.

The Board has determined that the Veteran is not competent to handle his VA benefits due to mental incapacity, as evidenced by multiple hospitalizations and consistently low GAF scores.

The Veteran is seeking service connection for a neurological disability of both feet, which he claims was caused by exposure to cold weather during his military service in Korea. The Board finds that further development is needed, including obtaining medical records and confirming the Veteran's reserve duty periods.

The Veteran's claim for special monthly pension based on a need for aid and attendance was granted effective March 5, 2007. The effective date is the date of receipt of the claim due to the earlier date being March 5, 2007.

The Veteran's claim for educational assistance benefits under the Montgomery GI Bill is denied as he did not meet the eligibility requirements due to his discharge from service being 'under honorable conditions (general)' and thus not qualifying for Chapter 30 benefits.

The Board has determined that the appellant's residuals of a shell fragment wound of the right upper arm, including intermittent numbness and tingling, warrant a 40 percent rating.

The Veteran's claim for service connection for cancer of the throat was denied because there is no credible evidence that he suffered an injury or disease during his active duty and his current condition does not meet the criteria for a disability.

The Veteran's claim for VA compensation under the provisions of 38 U.S.C.A. § 1151 was denied as there is no evidence that his ventricular tachycardia, necessitating the implantation of a cardiac pacemaker, resulted from carelessness, negligence, lack of proper skill, error in judgment or an event not reasonably foreseeable during treatment for cardiovascular disability at a VAMC in January 2007.

The Board finds that the appellant is not considered the surviving spouse of the Veteran and denies her claim.

The Veteran's TDIU claim is being remanded due to the need for a VA examination to determine if his service-connected varicose vein disabilities render him unemployable.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess his adjustment disorder with depressed mood and the impact on his ability to work. The TDIU claim will also be reconsidered.

The Veteran's unauthorized private medical services provided at Morton Plant Hospital from October 24, 2007 to October 26, 2007 are considered emergency treatment as no VA facility accepted him after he was notified and had the ability to be transferred. The Board grants payment or reimbursement of these costs.