Other conditions decisions — 2010

The Board has determined that additional development is necessary to determine the nature and etiology of the Veteran's claimed skin disease, including reviewing his medical records and obtaining an updated VA examination.

The Board has dismissed the appeal of the issue regarding chest pain. The claims for dental disability and sleep apnea are not service-connected.

The Veteran's claim for an earlier effective date for additional compensation based on a dependent spouse is denied because the required evidence of his wife's dependency status was not received by VA until July 2006.

The Board has determined that there is no competent or credible evidence linking the Veteran's current liver disability, including yellow jaundice, to his active service. As a result, the claim for service connection is denied.

The Board has determined that the appellant is not eligible to be recognized as the Veteran's surviving spouse, and thus cannot receive VA benefits.

The Board denied the appellant's claims for new and material evidence to reopen her claims of entitlement to service connection for the cause of the Veteran's death, legal eligibility for death pension benefits, and accrued benefits. The March 1992 rating decision is considered final.

The Veteran's appeal was denied as her claim for an initial disability rating in excess of 10 percent for service-connected status post right foot fracture remains unsuccessful.

The Board has determined that the appellant's eligibility for Chapter 35 educational benefits did not extend beyond June 17, 2007 due to her voluntary decision to return to work.

The Board denied the reopening of a claim for service connection for a dental condition as secondary to the use of Dilantin, finding that new and material evidence had not been submitted.

The Veteran's residuals of prostate cancer due to radical retropubic prostatectomy are rated at 20 percent effective March 1, 2008. The rating is appropriate as the residuals do not meet criteria for a higher evaluation.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected degenerative spondylosis, and for obtaining updated VA treatment records.

The Board denied a request for an earlier effective date for the award of special monthly compensation based on the need for regular aid and attendance (A&A) benefits, finding that the earliest effective date was August 31, 2007.

The Veteran's current right middle finger arthritis was not incurred in, caused or aggravated by his service. The Board found no nexus between the Veteran's current disability and his military service.

The Veteran's spouse was not granted an extension of the delimiting date for DEA benefits because she did not provide clear medical evidence that her chosen program of education was medically infeasible due to a physical or mental disability.

The Veteran's discharge was due to a personality disorder that interfered with his performance of duty, meeting the exception for separation due to a physical or mental condition not resulting from misconduct.

The Board has determined that the termination of VA disability compensation benefits due to the Veteran's status as a fugitive felon was proper. The remaining issue is whether any overpayment created by this action can be waived.

The Board has remanded the case for additional development, including obtaining VA medical records and determining whether the Veteran was unemployable due to service-connected disabilities on an extraschedular basis during his lifetime.

The Veteran's unauthorized medical expenses incurred at Marshall Medical Center on September 24, 2004 are eligible for payment due to the severity of his symptoms and the unavailability of a VA facility.

The Veteran's claim for an increased rating for residuals of a fractured right femur, with one-half inch discrepancy, was denied by the Board. The evidence showed that the Veteran had residual disability including loss of height in the right leg and altered gait due to the fracture.

The Board has remanded the case for additional development, including obtaining a VA examination and reviewing all relevant medical records.