Other conditions Board decisions

The Board denied the appellant's claims for service connection for cause of death, accrued benefits, and nonservice-connected death pension benefits due to lack of evidence linking the veteran's death to his active military service.

The Board denied the appellant's claim for VA benefits, finding that her spouse did not have valid military service in the United States Armed Forces.

The Board has remanded the case due to incomplete service medical records and the need for further examination. The appellant's claim of entitlement to service connection for dental injury is pending.

The veteran is seeking reimbursement for unauthorized medical expenses incurred on April 2, 2002. The VAMC denied the claim based on eligibility under 38 U.S.C.A. § 1728. However, the Board found that the provisions of 38 U.S.C.A. § 1725 and its implementing regulations may apply to her case due to the timing of the treatment and the new law. The VAMC is required to review the claim under these new laws.

The Board found that the April 6, 1987 rating decision denying service connection for residuals of a hysterectomy contained clear and unmistakable error due to failure to apply relevant regulations. The effective date is set at January 28, 1987.

The Board has remanded the veteran's claim for an increased disability rating for his service-connected status post laminectomy, L4-L5, with radicular pain due to new and material evidence submitted in connection with his bilateral pes planus and hallux valgus claim. The case will be reviewed under the revised criteria for all relevant regulations, including those pertaining to the range of motion of the cervical and thoracolumbar spine.

The Board has remanded the case for further development and re-adjudication due to issues related to the veteran's claim of entitlement to a total disability evaluation for compensation purposes on the basis of individual unemployability (TDIU).

The veteran's appeal was dismissed because he died during the pendency of his appeal, and thus the Board had no jurisdiction to adjudicate the merits of his claim.

The Board has remanded the case for further development, including a VA examination to determine the etiology of the veteran's stroke and cardiovascular disability. The appeal will be reconsidered after this additional development.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for multiple joint arthritis. However, the claim remains denied as there is no established link between the current condition and military service.

The Board denied the appellant's claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151 based on VA treatment, finding that there was no evidence of negligence or fault in the veteran's care.

The veteran's service-connected hysterectomy with removal of ovaries secondary to pelvic adhesive disease is currently rated at 50 percent, and her service-connected pelvic adhesive disease is also rated at 50 percent. The veteran's depressive disorder has been assigned a 30 percent evaluation from September 13, 1999 to February 9, 2003, and a 30 percent evaluation thereafter.

The Board found that the veteran's collarbone injury preexisted service and was not aggravated by service, thus denying her claim for service connection. For her obstructive lung disease, the Board determined there is no current disability to warrant a higher evaluation.

The Board denied the veteran's claims for an increased rating for his right elbow disability, finding that the schedular criteria did not meet the requirements for a higher evaluation. The Board also found no basis to grant an extraschedular evaluation.

The Board denied an increased disability rating for the veteran's status-post fracture of the right fifth metatarsal with calcaneal spurring, currently rated as 0 percent disabling.

The Board has remanded the case due to inadequate examination and VCAA compliance issues, requiring further development of the record.

The Board found that the veteran's eye disability with loss of vision is not proximately due to or the result of his service-connected diabetes mellitus.

The Board denied the veteran's claim for service connection for his skin disorder of angiokeratoma of the scrotum, finding that it was not incurred or aggravated by active service and specifically ruled out exposure to herbicides as a cause.

The Board found that the veteran's peptic ulcer disease was not incurred in or aggravated by service and denied his claim.

The medical evidence shows that myositis ossificans of the left upper arm has been manifested throughout the appeal period by slight or no weakness, no significant limitation of motion, and slight aching. The criteria for an initial rating greater than 10 percent are not met.