Other conditions Board decisions

The Board of Veterans' Appeals (Board) has determined that the veteran's claim for payment or reimbursement for unauthorized medical expenses incurred at Riverside Methodist Hospital was denied because it was feasible to transfer him from Southeastern Ohio Regional Medical Center to a VA medical facility, and such transfer would not have been unreasonable or impractical.

The veteran's appeal is being remanded for additional development of his medical records and consideration of the Hart v. Mansfield case.

The Board has remanded the case due to incomplete medical records and a need for proper VCAA notice.

The Board found that the veteran's service-connected conditions did not cause or contribute substantially to his death due to end stage dementia. As a result, burial benefits based on service connection for the cause of death were denied.

The veteran's thoracic kyphosis with degenerative joint disease is rated at 20 percent effective September 26, 2003. The appeal for TDIU remains pending.

The veteran's appeal is being remanded for additional development, including a new VA examination during a flare-up of his right elbow symptoms and obtaining service medical records.

The Board denied the appellant's claim for nonservice-connected disability pension because his service did not establish him as a veteran for VA purposes.

The Board dismissed the veteran's claim due to his failure to file a timely appeal, as he filed his substantive appeal over one year after the initial decision and within 60 days of receiving the Statement of the Case (SOC).

The Board has determined that the veteran's hiatal hernia with accompanying reflux is not related to his military service and therefore denied the claim.

The Board denied an evaluation in excess of 20 percent for residuals of left tibia/fibula fractures, finding that the veteran's symptoms more nearly approximated a severe rather than slight or moderate level.

The veteran's total abdominal hysterectomy is currently rated at 30 percent, effective October 30, 2001. The Board found that a higher rating is not warranted as the current rating already accounts for the removal of both the uterus and cervix.

The veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of his right hand disability. The claim for higher initial evaluation for bilateral hearing loss will be remanded as well.

The Board has reopened the veteran's claim for service connection for scoliosis with back pain and granted it, finding that there is sufficient evidence to establish a link between the current disability and service.

The veteran withdrew his appeal before the Board could make a decision.

The Board found no service connection for the cause of death and denied eligibility for Dependents' Educational Assistance (DEA). The veteran's death was not caused by a service-connected disability.

The Board found that new and material evidence had been received to reopen the veteran's claim of service connection for skin rash, but denied the underlying claim as there is no current disability.

The Board has determined that the evidence received since the April 1973 rating decision is not new and material, thus the claim of service connection for a bilateral hand disability may not be reopened.

The Board denied the claim for an earlier effective date for apportionment of the veteran's VA benefits on behalf of his minor child, finding that no legal basis exists to award such a date.

The veteran's death was not due to a service-connected disability, and he did not have pending claims for benefits at the time of his death. Therefore, burial benefits are denied.

The Board has remanded the case for additional development and consideration of new evidence, including VA treatment records from October 2005 to December 2006. The veteran's TDIU claim will be reconsidered based on this new information.