Other conditions Board decisions

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The appellant requested a videoconference hearing before the Board, and her request is being addressed. The case is being remanded to schedule this hearing.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA benefits purposes due to her remarriage and divorce from the veteran.

The Board found that the veteran's psoriatic arthritis of the left hand, with X-ray evidence of soft-tissue swelling and painful motion, does not meet the criteria for a disability rating in excess of 10 percent.

The Board found that the cause of death, pneumonia, was not caused by a service-connected disability. The veteran's dementia and dehydration were noted as contributing causes but are not considered to be related to his service-connected conditions.

The Board has determined that a factually ascertainable increase in the severity of the service-connected hallux valgus with bunion, left foot occurred within one year prior to December 18, 2002. Therefore, an effective date of September 5, 2003 is granted for the grant of a 20 percent disability rating for the right foot hallux valgus.

The veteran's low back disability is currently rated at 40 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The condition does not meet criteria for a higher rating based on incapacitating episodes or other factors.

The veteran's conditions do not render him helpless or so nearly helpless as to need regular aid and attendance. He is independent in self-care and activities of daily living.

The Board has determined that the veteran's status post right lower lobe lobectomy for a benign carcinoid tumor was incurred in active service, resolving doubt in favor of the veteran.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of recognized service in the Philippine Commonwealth Army, including as a guerrilla. The appellant did not have valid military service and therefore cannot be considered a 'veteran' for VA purposes.

The Board has determined that the appellant does not have qualifying service for VA benefits and therefore denies his claim.

The Board denied the veteran's request to reopen his claim of service connection for a personality disorder, finding that no new and material evidence had been submitted.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred on May 21, 2006 at St. Francis Broken Arrow Hospital was denied because the services were not authorized by VA and no VA facility was feasibly available to the veteran.

The Board found that the veteran's left knee disability, characterized by chondromalacia patellae, did not meet or approximate the criteria for a higher rating in excess of 10 percent. The evidence showed no ankylosis, moderate recurrent subluxation or lateral instability, cartilage dislocation, limitation of flexion to 30 degrees, or limitation of extension to 15 degrees. Therefore, the veteran's initial 10 percent rating for chondromalacia patellae was maintained.

The Board has remanded the veteran's claims for further development and consideration.

The Board has denied the veteran's claim for reimbursement of unauthorized medical expenses due to a lack of evidence from Pikes Peak Cardiology regarding the treatment provided on April 14-15, 2005.

The Board has granted an effective date of October 26, 1987 for the grant of service connection for a schizoaffective disorder. The other issues on appeal are remanded.

The Board found that the veteran's cerebrovascular accident was not caused by or aggravated by his service-connected diabetes mellitus, type II. The Board also determined that he is not in need of regular aid and attendance due to his service-connected disabilities.

The Board denied the veteran's claim for an extraschedular evaluation for his service-connected anhidrosis, finding that the disability picture did not present such an exceptional or unusual case as to render impractical the application of the regular schedular standards.

The Board has determined that there is no evidence of a current disability related to the veteran's claimed lymphangitis and right testicular pain, and thus service connection cannot be established.