Other conditions decisions — 2011

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to evaluate his gastrointestinal problems and left hip replacement.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to his death.

The Board has determined that the Veteran was reasonably discharging his responsibility for supporting his dependent children living with the appellant prior to August 1, 2006. The appellant did not demonstrate an economic hardship and thus apportionment of benefits is denied.

The Veteran's pseudotumor cerebri was not incurred in service, while her dental disability was found to be present at the time of discharge and thus eligible for VA outpatient treatment. The other issues remain unresolved.

The Veteran's service treatment records show he had a hematoma under his left eye and irritation of the eye during service. However, there is no current diagnosis of residuals from this trauma. The Board finds that the preponderance of evidence does not support the claim for service connection.

The Veteran's claim for service connection and compensation under 38 U.S.C.A. § 1151 was denied as he did not meet the criteria for either benefit.

The Board has determined that the Veteran's service-connected right leg disabilities contributed to his death from congestive heart failure and recurrent colon cancer.

The Veteran died of head trauma, but there is no service-connected disability at the time of his death. The Board denies both dependency and indemnity compensation and nonservice connected death pension benefits.

The Veteran's death was not service-connected, and he did not meet the requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's claim for service connection for a respiratory disorder, claimed as asbestos-related pleural disease and mesothelioma, is being remanded due to the need for additional development including obtaining medical opinions regarding the etiology of his current condition.

The Veteran's gallbladder disability, including back spasms, abdominal pain, and nausea symptoms, is related to her service. The Board finds that the criteria for service connection are met.

The Veteran's claim for payment of private medical expenses incurred on August 18, 2008 is denied as the criteria for reimbursement under VA regulations were not met. The treatment was not rendered in an emergency situation and there was no reasonable expectation that delay would have been hazardous to life or health.

The Board has determined that the Veteran's death was not caused by any service-connected disability, and thus denied his claim for service connection for the cause of his death.

The Veteran's appeal has been withdrawn by his representative, thus the case is dismissed.

The Board has determined that there was clear and unmistakable error in the September 17, 1971 rating decision which did not grant special monthly compensation for loss of use of a creative organ. The effective date is set at July 7, 1971.

The Veteran's appeal is being remanded for further evidentiary development, including scheduling a VA examination and obtaining post-service medical records.

The Veteran's service-connected residuals of right Achilles tendon repair have been rated at 20 percent effective from June 2, 2009.

The Veteran's left knee disability, specifically limitation of flexion, is rated at 20 percent since January 7, 2005. The rating for the condition remains unchanged.

The Board has determined that an earlier effective date of February 18, 1993 is warranted for the grant of death pension benefits as an adult helpless child.

The Board has determined that the Veteran's squamous cell carcinoma of the right index finger is not related to his service-connected gunshot wound residuals and thus, he does not meet the criteria for service connection. The other issues on appeal are also denied.