Other conditions decisions — 2010

The Board denied the appellant's claim for nonservice-connected death pension benefits as her late husband did not have qualifying service to establish eligibility.

The Veteran's appeal for service connection for myelodysplastic syndrome has been dismissed due to his death.

The Board denied the Veteran's claims for earlier effective dates for service connection of residuals of cold weather injury to his lower extremities, finding that no formal or informal claim was filed between 1980 and March 2008.

The Board has remanded the case for further development due to a failure to provide adequate notice under the Veterans Claims Assistance Act of 2000 (VCAA).

The Veteran is not entitled to special monthly pension by reason of needing regular aid and attendance due to his condition. However, he meets the criteria for special monthly pension under other provisions.

The Veteran's claim for reimbursement of unauthorized medical expenses is being remanded due to the need for a further medical opinion regarding his stability during the period from March 21, 2006, to March 31, 2006.

The Board denied the claim that the Veteran was entitled to an effective date prior to February 21, 2006 for service connection for median nerve neuralgia, left hand. The decision found no communication from the Veteran or his representative received prior to February 21, 2006 expressing intent to file a claim for this condition.

The Board has granted the petition to reopen a claim for service connection for a stomach disorder, finding that new and material evidence has been received. The Veteran's claims are now remanded for additional development including obtaining medical records and scheduling an examination.

The Veteran's claims for increased disability ratings and compensation under the provisions of 38 U.S.C.A. § 1151 were denied as there is no evidence to support her contention that she sustained additional disability related to the February 2000 surgery or that VA provided substandard care.

The Board has determined that the Veteran's bilateral lower extremity peripheral vascular disease does not meet or approximate the criteria for a compensable evaluation under any applicable rating code.

The VA determined that the Veteran's current left ear hearing loss is not related to his military service, and thus denied his claim for service connection.

The Board denied a claim for an extraschedular rating for service-connected residuals of a left hernia repair, finding that the disability did not meet the criteria for such a rating due to lack of marked interference with employment or frequent hospitalization.

The Board denied the appellant's claim for nonservice-connected death pension benefits as there was no legal entitlement to this benefit under the laws of the United States.

The Board has remanded the case due to inadequate development of evidence, including a need for a special VA gastrointestinal examination by a physician and obtaining all relevant medical records from the Cleveland VAMC.

The Board found that the Veteran's pulmonary emphysema was not present in service and is not etiologically related to service. Therefore, the claim for service connection for pulmonary emphysema was denied.

The Veteran's disability rating for residuals of a fracture of the left middle toe was initially granted at 10 percent, and later increased to 20 percent. The Board found that his condition is only moderately severe.

The Veteran's service-connected gastritis is chronic and exhibits symptoms, warranting a 10 percent disability rating.

The Board has determined that the Veteran's preexisting undescended left testicle was aggravated by service, and therefore, service connection for residuals of a left orchiectomy is granted.

The Veteran does not have a brain tumor that is service-connected, including as due to exposure to herbicides. The Board finds the Veteran's current condition less likely than not caused by or related to his previously diagnosed tumors.

The Veteran's claim for an increased rating for crush injury residuals of the right hand, including the index finger, long finger, ring finger, and thumb, was denied. The VA examiner found that the Veteran has significant impairment due to tender scars, pain, limitation of motion, reduced grip strength, and decreased dexterity.