Other conditions Board decisions

The veteran's claim for compensation due to a TMJ disorder resulting from VA negligence in the administration of an EMG procedure is being remanded for additional development, including obtaining medical records and informed consent documentation.

The Board has denied the veteran's claim for a compensable rating for his residuals of a right fifth metacarpal fracture, finding that there is no evidence of amputation or extremely unfavorable ankylosis.

The Board has determined that the cause of the veteran's death is not service-connected, as there is no evidence linking his death-causing conditions to his military service or exposure to herbicide/Agent Orange.

The veteran's service-connected disabilities, including PTSD and residuals of a shrapnel wound of the left eye, are not rated higher than 50%.

The Board dismissed the appeal because the veteran did not timely file a Notice of Disagreement with respect to the October 2001 rating decision denying clear and unmistakable error in the July 2000 decision granting individual employability.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for the period of enrollment from August 30, 1998, to December 15, 1998, as there was no entitlement based on VA regulations.

The veteran's appeal is being remanded due to the need for a videoconference hearing. The issue of payment or reimbursement for unauthorized medical expenses will be addressed in accordance with the new scheduling.

The Board has reopened the claim for service connection for herpetic keratitis of the right eye and finds that new and material evidence has been submitted. However, the claim is denied as there is no objective evidence of an injury in service.

The veteran's legitimate child, who is now married, was not found eligible for VA death pension benefits as a helpless child due to the appellant being over 18 years old and currently married at the time of filing the claim.

The Board has denied the veteran's claims for service connection for cause of death, eligibility for VA non-service-connected death pension benefits, and entitlement to accrued benefits due to lack of legal merit under the applicable laws.

The Board determined that the veteran's myalgia symptoms do not more nearly approximate the criteria for a higher initial rating of 40 percent. The claim for SMC based on need for regular aid and attendance or being housebound was also denied due to lack of evidence showing the veteran needed such assistance.

The veteran is not entitled to retroactive compensation for his service-connected right tibia nonunion fracture residuals prior to October 30, 2003.

The Board has remanded the case for further development, including obtaining medical records and determining eligibility for reimbursement under Chapter 17 of the U.S.C.A.

The Board denied the appellant's eligibility for VA healthcare due to a lack of qualifying service.

The Board denied the veteran's claims for service connection for an ulcer condition and a lung disorder, finding no current competent medical evidence of record supporting these claims.

The Board has ordered additional development to determine if the veteran's cause of death is related to his in-service exposure to herbicides, specifically Agent Orange. The VA will obtain all relevant medical records and provide a medical opinion regarding the primary nature of the cancer diagnoses.

The VAMC denied the veteran's eligibility for enrollment in the VA healthcare system due to his being in Priority Group 8 and not having service-connected disabilities. The case is remanded for further development.

For arthritis of the right hand prior to September 4, 2001, a compensable evaluation was denied.,For arthritis of the left hand prior to September 4, 2001, a compensable evaluation was denied.,For arthritis of the right hand after September 4, 2001, an increased evaluation to 10% was granted.,For arthritis of the left hand after September 4, 2001, an increased evaluation to 10% was granted.

The Board denied service connection for Dupuytren's contracture of the right hand and left hands as secondary to service-connected hepatitis C, finding that there was no evidence linking the condition to the veteran's in-service hepatitis.