Other conditions decisions — 2010

The Board found that the termination of the Veteran's VA pension benefits from December 27, 2001 was improper due to lack of evidence showing the Veteran knew he had a fugitive felon status and thus engaged in an intentional act of fleeing from prosecution.

The Board has reopened the claim for service connection for nephrolithiasis and granted it on the merits, finding that the Veteran's first kidney stone was manifested within one year of his discharge from service and that he has had ongoing chronic recurrent nephrolithiasis.

The Veteran's claim for an extension of the delimiting date beyond August 8, 2001, for educational assistance benefits under Chapter 30, Title 38, United States Code was denied as there is no legal basis to grant the benefit.

The Board denied the appellant's request to reopen her forfeiture of VA benefits, finding that no new and material evidence had been received since the original decision in December 1976.

The Veteran incurred unauthorized medical expenses for a broken femur due to a tree fall. The treatment was deemed necessary as it was an emergency and VA facilities were not feasibly available, resulting in the decision to grant payment.

The Board found that the Veteran's dysentery was not incurred in service and could not be presumed due to his status as a former POW. The evidence did not show current residuals of dysentery.

The Veteran's claim for an initial compensable rating prior to November 1, 2007 and an increased rating in excess of 60 percent from November 1, 2007 for residuals of asbestos exposure is being remanded due to the need for additional development.

The Board has determined that the Veteran's fatigue with generalized musculoskeletal strain, arthralgias and myalgias are as likely as not due to an undiagnosed illness during his service in the Persian Gulf War.

The Veteran's claim for service connection for residuals of cold weather injuries of the lower extremities is being remanded due to incomplete records and need for a new VA examination.

The Board denied the claim for service connection for ALS as there was no evidence showing it was incurred during or aggravated by active duty, and the appellant did not achieve veteran status due to his National Guard service.

The Board has remanded the case for further development, including obtaining medical opinions regarding service connection and a VA examination to assess the current severity of the right ankle disability. The Veteran's claims for service connection for a prostate disability, residuals of an appendectomy, and a hernia are also being considered.

The Veteran's confusion and dizziness are not service-connected as due to undiagnosed illness or other qualifying chronic disability, with the confusion attributed to a post-service traumatic brain injury and the dizziness linked to panic attacks.

The Veteran's service-connected disabilities have been rated based on their current manifestations. The right ring finger amputation and associated nerve damage are currently rated at 70 percent, effective November 1, 1996. The muscle injury to the right hand is rated at 10 percent, effective April 25, 1989. The perirectal abscess with anal sphincter incontinence is rated at 100 percent, effective November 1, 1996.

The Veteran's service-connected Miyoshi's myopathy of the right and left upper extremities have been rated based on their severity, with the highest possible schedular evaluations for each.

The Board denied reopening and service connection for the cause of the Veteran's death due to lack of evidence establishing active duty status.

The Veteran's claims for increased ratings for his service-connected fractured maxilla and skull fracture were denied as there was no evidence of functional impairment warranting a compensable or higher rating.

The Board denied the claim, finding that there is no current peptic ulcer disease and concluding that the Veteran's current gastrointestinal disorder is chronic gastritis related to his alcohol abuse.

The Board has determined that the Veteran's Hodgkin's disease is not in an active stage since May 1, 2006 and therefore does not warrant a compensable rating.

The Board is remanding the case to obtain additional medical records and ship logs from the USS OZBOURN during the Veteran's service, in order to determine if there is new and material evidence to reopen his claim for service connection of a bilateral foot callus condition.

The Board has remanded the case for further examination and opinion regarding the Veteran's left hand disability, including whether it is service-connected or related to other service-connected conditions.