Other conditions Board decisions

The Board has determined that the Veteran does not have a current compensable eye disability and there is no evidence of an in-service injury or disease. Therefore, service connection for an eye disorder cannot be granted.

The VA determined that the Veteran's loss of use of his right upper extremity was not caused by or the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department while treating his shoulder problems. The Board found no evidence to support a finding of an additional disability due to VA treatment.

The Board has determined that the appellant is not entitled to service connection for a dental condition, as his tooth loss does not meet the regulatory requirements set forth under 38 CFR § 4.150.

The Veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) beyond December 3, 2000 is denied as her application was not timely submitted.

The Veteran's claim for an earlier effective date for additional compensation for his dependent child B. was denied because the necessary information regarding custody of B. was not provided within 1 year, preventing payment from being made before January 29, 2008.

The Veteran's unauthorized medical treatment for abdominal pain, nausea, vomiting, cellulitis of the trunk, and right pleural effusion was denied reimbursement by VA.

The Board has determined that the Veteran's myelodysplastic syndrome is related to his in-service exposure to Agent Orange, and thus service connection is granted.

The Veteran's claim for nonservice-connected pension benefits is denied as he has been imprisoned since 1974, which precludes him from receiving such benefits due to the statutory prohibition against paying pension to incarcerated individuals.

The Veteran's TMJ has been manifested by pain, popping, inter-incisal opening of 41mm, right lateral excursion of 2mm, and left lateral excursion of 6mm. The Board finds that the criteria for an initial rating of 10 percent have been met.

The Board has determined that the Veteran's prostate disability is service connected, but his anemia is not.

The Board has remanded the case to obtain a supplemental statement from Dr. Steurer regarding the relationship between any currently-diagnosed thoracic spine disability and the veteran's military service.

The Veteran's claims for increased disability ratings for service-connected left calcaneus and residuals of pelvic fractures are being remanded due to the need for additional development, including obtaining medical records and providing an orthopedic examination.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the Board to adjudicate the merits of this claim.

The Veteran was granted separate 30 percent evaluations for residuals of cold injuries to the right upper extremity, left upper extremity, right lower extremity, and left lower extremity effective September 30, 2004.

The Veteran is granted an effective date of October 1, 2005 for the addition of her dependent child's benefits. The claim was initially denied due to incorrect school attendance dates provided by the Veteran, but she submitted corrected information within a reasonable time.

The Board found that the RO's decision to sever service connection for vaginitis was proper due to clear and unmistakable error in granting service connection based on mis-identified pre-service treatment records. The Veteran's condition existed prior to and at entrance into service, but no aggravation beyond normal progression during or as a result of service was found.

The Board found no evidence of a chronic brain disorder during service, and the current aneurysm was not diagnosed within one year post-service. The Veteran's statements regarding continuity of symptoms were deemed insufficient to establish service connection.

The Veteran's current skin disability (actinic keratosis) is not considered to be related to his military service, and the Board finds no evidence of a chronic condition during or after service.

The Veteran's current skin disorder affecting the toenails is at least as likely as not related to active service, and the Board finds that a preponderance of evidence supports direct service connection.

The Veteran's service-connected right and left foot disabilities have been shown to be essentially asymptomatic, with pain, swelling, and stiffness attributed to nonservice-related conditions. As such, the criteria for a compensable rating are not met.