Other conditions Board decisions

The Board denied the appellant's request for an earlier effective date for service connection for the cause of her husband's death and also found that there was no clear and unmistakable error in a 1984 RO decision denying such claim.

The veteran's service-connected hallux valgus with bunion deformity, right foot, is currently rated at 10 percent and the Board finds that it does not warrant a higher rating.

The Board has determined that the veteran's residuals of shell fragment wounds to the left lower back meet the criteria for a 40 percent rating, the highest available under Diagnostic Code 5320.

The Board denied the veteran's appeal as his notice of disagreement with the September 1998 decision assigning an effective date of January 27, 1998, for the grant of a permanent and total disability rating for pension purposes was not timely filed.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a bilateral hip disorder, which was previously denied in August 1972. The VA examiner concluded that the current bilateral hip disorder is likely a congenital defect aggravated during service beyond its natural progression.

The RO denied the veteran's claim for service connection of a nervous condition, concluding that it existed prior to his second period of active duty and was not aggravated during service.

The veteran's service with the New Philippine Scouts from February 1946 to January 1949 is not considered qualifying service for nonservice-connected death pension benefits.

The veteran's application for Supplemental Service Disabled Veterans' Insurance (SRH) was denied because it was received after he turned 65 years old, and the requirement to apply before turning 65 is a legal requirement.

The appellant's claim for VA burial benefits was denied because it was not received within the two-year time period after the veteran's death and burial, as required by VA regulations.

The veteran's right eye disorder is service-connected and the VA medical facility closest to his residence, Northport VAMC, can provide necessary care. The Board found that fee basis outpatient treatment was not required due to the availability of care at the VA.

The Board denied DIC benefits for the appellant, finding she is not a child of the veteran due to her age and lack of permanent incapacity before reaching 18 years.

The Board has ordered the case to be remanded for additional development, including obtaining recent medical records and scheduling a VA examination.

The Board denied reopening the claim of entitlement to service connection for a back injury due to lack of new and material evidence.

The veteran's treatment for acute nephrolithiasis was approved as it met the criteria due to an emergent medical condition and a lack of availability at a VA facility.

The Board has granted service connection for the veteran's right eye disorder and denied service connection for his back injury. The right eye disorder is considered to be a result of an in-service ocular trauma, while the back injury is not linked to service.

The Board found that the veteran's premature loss of hair was not incurred in or aggravated by active service, nor may it be presumed to have been incurred therein. The preponderance of evidence is against the claim.

The Board denied the veteran's claims for increased ratings for chondromalacia of his left and right knees, finding that the disabilities more nearly approximated a 20 percent evaluation based on moderate subluxation and lateral instability.

The veteran's service-connected organic brain syndrome is currently rated at 30 percent, but the Board finds that this rating does not meet the criteria for an increased rating. Additionally, the evidence does not support a finding of unemployability due to his service-connected disabilities.

The Board has determined that the veteran is entitled to a total disability rating based on individual unemployability due to service-connected poliomyelitis residuals, effective June 26, 1995.

The Board has determined that additional information is needed regarding the veteran's exposure to herbicide agents in Vietnam, which could affect his claim for service connection for the cause of death. The case will be remanded to obtain this information.