Other conditions Board decisions

The Board found that the veteran was not a fugitive felon and thus, his pension benefits were not improperly terminated.

The Board has determined that the veteran's lung disorder is related to his service and granted service connection.

The Board has remanded the case for additional development to determine if the appellant can be recognized as the veteran's surviving spouse for VA death pension benefits.

The Board has determined that an earlier effective date for the grant of non-service-connected pension benefits is not warranted, as the veteran's claim was denied in May 2001 and reopened on January 16, 2004. The effective date assigned by VA is January 16, 2004.

The Board has determined that the veteran's left knee disability, characterized by degenerative joint disease and instability, warrants a separate initial rating of 10 percent for lateral instability but not higher. The veteran's primary condition, degenerative joint disease, does not warrant an increased rating.

The Board has granted a 10 percent disability rating for the veteran's service-connected total anacusis of the right ear, effective from the date of the decision. The mental disorder claim remains pending as it involves both direct and secondary service connection.

The case is being remanded to the RO for additional development, including obtaining a legible copy of the informed consent and reviewing all relevant clinical records from the Tampa VAMC.

The Board denied the claim of service connection for the cause of the veteran's death, finding that no new and material evidence had been presented to reopen the claim.

The Board denied the veteran's claim for nonservice-connected death pension benefits as his service did not qualify him for such benefits.

The veteran's claims for higher initial ratings for cold injury residuals of each foot are being remanded to the RO for further development and readjudication. The effective date is set at December 17, 2002, the date of claim.

The Board has determined that the veteran's chronic tachycardia does not meet the criteria for a higher rating, as there is no clinical evidence of more than four episodes annually of paroxysmal atrial fibrillation or supraventricular tachycardia.

The Board found that the appellant's deceased husband had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, the appellant is not eligible for death benefits.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at a private facility on March 5, 2002 is granted as the care and services were needed due to a medical emergency that would have been hazardous if delayed. The closest VA facility was not feasibly available.

The Board denied the veteran's claims for service connection for an anal fistula and a left hip disorder, finding that new evidence did not reopen the claim for anal fistula and that there was no medical evidence linking the current hip disorder to military service.

The Board has remanded the case for additional development due to a lack of inpatient records from specific hospitals where the veteran received treatment. The claims will be reconsidered based on this new information.

The veteran's dysthymic disorder is rated at 50% since June 28, 2006. The postoperative residuals of a herniated nucleus pulposus at L4-5 on the right are currently rated at 40%. A TDIU was granted effective from June 28, 2006.

The Board denied the veteran's claim for an increase in the evaluation of his service-connected right foot disability, finding that the evidence did not support a higher rating.

The Board denied the veteran's claims for increased ratings for his right forearm and left thigh shell fragment wounds, finding that the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board has determined that the veteran's service-connected neurogenic bladder warrants a rating of 40 percent, effective from March 24, 2007. The claim for an increased initial rating is denied.

The Board found that the veteran's prostate disability and skin disability, including as secondary to Agent Orange exposure, were not incurred in or aggravated by his military service. The arthritis of the knees was also denied.