Other conditions decisions — 2010

The Veteran's claims for service connection for obesity and residuals of nasal septum surgery were denied. The claim for service connection for pes planus was also denied, but the Veteran received a compensable rating for tinea cruris.

The Veteran's claim for a compensable rating for his old soft tissue shrapnel injury to the right hand is being remanded due to the need for additional examination and development of records.

The Veteran's skin disorder is being remanded for further examination and opinion to determine if it is related to his service.

The Board denied the Veteran's claim for payment or reimbursement of medical expenses incurred on June 19, 2006 at a non-VA hospital due to lack of emergency condition and failure to obtain prior authorization.

The Veteran's Raynaud's phenomenon related to systematic lupus erythematous was initially rated at 10 percent prior to February 15, 2008. From that date forward, the disability is now rated at 40 percent.

The VA is required to notify the appellant of the evidence and information that would be necessary to reopen his claim for basic eligibility for VA compensation benefits. The RO must ensure this notification is provided in accordance with Kent v. Nicholson, 20 Vet. App. 1 (2006).

The Board has determined that the appellant is not entitled to an earlier effective date for the award of an apportionment of the Veteran's disability compensation benefits.

The appeal is dismissed due to the appellant's death.

The Board found that the Veteran's diagnosed spina bifida was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess his right Achilles tendonitis and the impact of his disabilities on his ability to work.

The Board denied the Veteran's claims for service connection for a right eye disability and an increased rating for eczematous dermatitis, finding that there was no evidence of a nexus between his current disabilities and his military service.

The Board has remanded the case to the RO for further development and readjudication, including scheduling a travel Board hearing. The appellant's claim for service connection for cause of death is reopened on new evidence.

The Board has determined that the Veteran's medical expenses incurred at Saint Francis Hospital from May 3, 2008 to May 7, 2008 were for a continued medical emergency and thus eligible for reimbursement under VA policy.

The Board is remanding the case for additional development due to a lack of certain medical records. The appellant seeks DIC benefits based on his status as a helpless child of a deceased veteran, but VA has not satisfied its duty to assist in obtaining relevant medical records.

The Veteran's service-connected gastritis with duodenal ulcer was rated at 30 percent prior to May 8, 2009. As of May 8, 2009, the disability is now rated at 40 percent.

The Board denied the reopening of a claim for service connection for ear fungus, finding that new and material evidence was not submitted.

The Board has remanded the case to obtain SSA records and provide a VA examination for opinions on whether the Veteran's claimed disabilities are related to service.

The Board has ordered additional development due to the need for clarification on whether the Veteran's oligospermia is a congenital defect or disease, and if it was aggravated by service.

The Board dismissed the appeal due to the Veteran's death, and therefore no disability rating was assigned.

The Veteran's death qualifies for nonservice-connected burial benefits due to the lack of next of kin claiming his body and insufficient resources in his estate. The accrued benefits claim is granted as the appellant paid the expense of the Veteran's last sickness.