Other conditions Board decisions

The veteran was determined to have a permanent and total disability, but the appellant had already turned 26 by the time she applied for educational assistance benefits under Chapter 35. Therefore, her eligibility ended at age 26.

The Board dismissed the appeal due to the appellant's death, as it has no jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case due to incomplete financial information and the appellant's bankruptcy status, requiring further development of these issues.

The veteran's appeal for payment or reimbursement of unauthorized medical expenses incurred on February 2, 2004 has been withdrawn by the veteran through his authorized representative.

The veteran's claims for VA educational assistance benefits under Chapter 32 and Chapter 1606 of Title 38 and Title 10, United States Code were denied as he had disenrolled from the VEAP program and was not eligible for benefits under those programs.

The Board has determined that the veteran's death was caused by his terminal cancer, which is as likely as not related to exposure to herbicides during service in the Gulf War. As a result, the claim for service connection for the cause of the veteran's death is granted.

The Board has determined that the veteran's unauthorized medical expenses incurred at Health First Palm Bay Community Hospital on February 4, 2004 meet the criteria for payment or reimbursement due to it being an emergency situation and no feasible VA facility was available.

The veteran's appeal has been dismissed due to his death.

The Board denied the veteran's claims for increased ratings for her fungal infection to the feet, post-operative residuals of right foot osteotomy and neurectomy of the third metatarsal and right fifth digit arthroplasty, post-operative residuals of left first and fifth toenail matrixectomy and left fifth digit arthroplasty, and pelvic inflammatory disease. The Board found that her service-connected conditions did not warrant a higher rating based on the criteria provided in the Rating Schedule.

The Board has determined that the veteran's residuals of a fractured right mandible do not warrant an increased disability rating beyond 10 percent, as there is no evidence of severe nonunion of the mandible. The veteran's right 7th nerve paresthesia does not meet criteria for higher ratings under applicable diagnostic codes.

The Board found that the veteran does not have a current diagnosis of a subcutaneous lump on the groin in the region of the right lower quadrant, and thus denied his claim for service connection.

The Board has remanded the case for further development due to missing medical records from various healthcare providers.

The VA determined that the veteran does not have a respiratory disability or symptoms of disability that is related to his period of active service, including as due to undiagnosed illness or other qualifying, chronic disability.

The Board finds that the preponderance of the evidence is against the veteran's claim for service connection for HNP, as there is no competent medical evidence relating the currently diagnosed HNP to an incident of or finding recorded during active service.

The Board has determined that additional development is needed to determine if the veteran served within the Southwest Asia Theater of Operations during the Persian Gulf War, which could trigger a presumption for an undiagnosed illness. The veteran will be provided another opportunity for a neuropsychiatric evaluation and an EMG study.

The Board denied both claims for service connection, finding no current disability and insufficient evidence linking the veteran's conditions to his military service.

The Board has granted service connection for gastritis and peptic ulcer disease effective from August 29, 2002. The veteran's claim was not received until after the July 2001 rating decision denying service connection.

The Board has determined that the veteran's service-connected residuals of a complete right mid-shaft femur stress fracture do not warrant an increased rating beyond the current 10 percent. A separate 10 percent rating is granted for a scar residual of the right hip.

The Board has found that the appellant's actions giving rise to the overpayment at issue did not result from a deliberate and wilful misrepresentation of her marital status. The case is remanded for further development and readjudication based on equity and good conscience principles.

The Board has remanded the case for further development, including a VA examination and additional notice to the veteran.