Other conditions decisions — 2006

The veteran withdrew his appeal concerning the increased rating for residuals of squamous cell carcinoma of the left upper lobe with left pneumonectomy, currently rated as 60 percent disabling.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at private facilities was denied as he did not meet the eligibility criteria under VA regulations.

The veteran has been granted service connection for post-traumatic stress disorder, which is considered a direct result of his active military service.

The veteran's unauthorized emergency medical expenses incurred at a private hospital on February 1, 2004 are eligible for payment or reimbursement due to the nature of his injury and lack of insurance coverage.

The veteran's appeal for a total disability rating based on individual unemployability (TDIU) was dismissed because the veteran died during the pendency of his appeal.

The veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 is being remanded due to incomplete examination report and failure to address certain issues.

The Board has remanded the case to the RO for further attempts to verify or recertify the appellant's service with the service department, in light of new documentation submitted by the appellant. The appellant is also asked to clarify his desire for a hearing.

The Board found no relationship between the veteran's current nerve damage of the right hand and an injury during active service, and denied both his claim for service connection and his request for a compensable initial disability rating for a scar of the right hand.

The veteran's claims for increased evaluations and a combined rating in excess of 80 percent were denied due to his failure to report for scheduled VA examinations.

The veteran's right knee disability, including post-traumatic arthritis and instability, is rated at 10 percent. The decision grants the increased rating for the knee condition.

The Board denied a request for an earlier effective date of February 22, 1995 for the award of DIC benefits based on the appellant's status as a helpless child of the veteran. The claim was not filed within one year after the veteran's death in March 1966 and no prior claims were found.

The Board found that the appellant's postoperative residuals of a laminectomy at L4-L5 did not have its onset in service and is not related to service. The claim for service connection was denied.

The veteran's current respiratory disorder, obstructive lung disease, is found to be related to service and the claim for service connection is granted.

The VA denied an increased evaluation for varicose veins of the right leg, finding that the condition does not meet criteria for a higher rating based on persistent ulceration.

The Board has denied the veteran's claim for service connection for boils, finding that there is no medical evidence linking his current skin condition to his in-service complaints of boils and rashes.

The Board finds that the evidence is at least in equipoise that the veteran incurred dementia due to head trauma during service, specifically from boxing. Therefore, service connection for dementia due to head trauma is granted.

The Board has determined that the appellant does not have a current diagnosis of chronic pharyngitis and therefore, service connection for this condition is denied.

The Board has determined that the veteran's disability residuals from colon resection meet the criteria for a 20 percent rating.

The Board has determined that the veteran's eye disability is not due to disease or injury incurred in service, and thus denied his claim for service connection.

The veteran's HIV-related illness is not manifested by AIDS with recurrent opportunistic infections or with secondary diseases afflicting multiple body systems, or by an HIV related illness with debility and progressive weight loss without remission. As such, the claim for a higher evaluation remains denied.