Other conditions decisions — 2005

The veteran claims that a VA barium enema procedure caused him to have necrotic bowel damage. The case is being remanded for additional development of medical records and a medical opinion.

The Board has determined that the veteran's traumatic arthritis of the left great toe warrants a 10% evaluation, reflecting moderate disability.

The veteran's cause of death was listed as congestive heart failure due to pneumonia and cerebrovascular accident. His service-connected bronchitis is not considered the primary or contributing cause of his death.

The appellant seeks a waiver of recovery of medical copayment charges from November 13, 2002 to June 30, 2003. The case is being remanded for further review based on the appellant's current financial status.

The Board has determined that the veteran's treatment at Avera McKenna Hospital from June 23 to 25, 2002 was necessary due to an emergency and VA did not have a bed available. However, the decision is remanded as there are insufficient reasons provided for the payment of only one day of care.

The Board has denied the appellant's claim for retroactive payment of Chapter 35 education benefits for online coursework administered by Global TESOL College due to a lack of eligibility prior to January 16, 2003.

The Board found that the December 1949 rating decision did not contain clear and unmistakable error for failing to assign a separate 10 percent evaluation for the veteran's scar on his left forearm.

The Board has remanded the case for additional development due to the appellant's identification of potentially outstanding evidence, including private medical records from Duke University Medical Center.

The Board denied the appellant's claim as a surviving spouse for VA death pension benefits due to lack of legal recognition of their common-law marriage in the Philippines.

The Board has determined that the reduction of ratings for gunshot wound residuals of both knees was not properly made and is therefore void ab initio, restoring the original 20% ratings.

The veteran's peripartum cardiomyopathy was resolved and her workload did not meet the criteria for a compensable rating during the period from November 4, 1999 to January 14, 2003.

The VA granted service connection for postoperative residuals of a left nipple abscess and assigned an initial noncompensable (0 percent) rating, which was later increased to 10 percent effective the day after his discharge from active duty.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of service connection for a hernia, which was previously denied in September 1958. The evidence received since then is considered cumulative or redundant.

The veteran's appeal for an increased rating for his service-connected post-fusion compression fracture at T12-L2 is being remanded to the RO for further development and consideration of new evidence.

The Board denied service connection for elevated cholesterol claimed as secondary to service-connected diabetes mellitus. The issue of an initial evaluation in excess of 10 percent for the service-connected skin disorder is pending.

The Board found no current genitourinary disorder and denied the veteran's claim for service connection.

The Board has remanded the case for further development, including scheduling a hearing before a traveling Veterans Law Judge (VLJ). The veteran's claims of service connection for residuals of a broken nose and hand and elbow disorder are pending.

The veteran's claims for increased ratings for his burns of the legs and headaches have been denied. The veteran was granted a 10 percent rating for post-traumatic headaches prior to December 30, 2003, and a staged 30 percent rating since then.

The Board granted service connection for left fifth finger and ulnar nerve numbness, but denied a higher evaluation. The residuals of the left fifth finger fracture were also granted, with a noncompensable rating.

The Board finds that the veteran's basal cell carcinoma of the left ear is related to his military service, and grants service connection for this condition.