Other conditions decisions — 2006

The veteran's service-connected epididymitis has been rated as 10 percent disabling since the effective date of the grant of service connection. The evidence supports this rating, but does not warrant a higher rating.

The Board denied the veteran's claim for service connection for lymphedema of the right upper extremity, finding that there was no medical evidence to support a link between the condition and his military service.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses due to lack of prior authorization and the fact that the veteran was stable enough to be transferred to a VA facility by May 27, 2005.

The Board finds that the veteran does not have a current eye disorder, to include allergic conjunctivitis, and thus service connection is denied.

The Board found that there is no competent evidence of a nexus between the current diagnosis of chronic lymphocytic leukemia and service, including dangerous chemical exposure. Therefore, the claim for service connection for chronic lymphocytic leukemia was denied.

The Board denied the claim for service connection for the cause of the veteran's death, finding that non-Hodgkin's lymphoma did not exist during his active service or within one year after separation and was not related to his service. The cervical spine disability did not contribute substantially or materially to the cause of death.

The Board has remanded the veteran's claims for service connection due to a need for further development, including obtaining information about an alleged sexual assault and verifying the presence of individuals involved in the incident at Portsmouth Naval Prison.

The Board has determined that the reduction in disability rating from 40 percent to 10 percent for ulcerative colitis with dysplasia was not warranted, and thus denied the veteran's request for restoration of a higher rating.

The Board denied the veteran's claim for service connection for a digestive disability, including adenocarcinoma of the esophagus, finding that there was no evidence linking his current condition to his active service or any incident therein.

The Board is remanding the case to determine if the veteran was incarcerated in a penal institution for more than 60 days due to conviction of a felony, and to notify him of his rights under the Veterans Claims Assistance Act of 2000.

The Board has granted a 30 percent rating for the service-connected residuals of a gunshot wound to the left tibia, and denied an increased rating for the service-connected shell fragment wound of the left leg.

The Board has awarded an effective date of January 1, 2003 for the award of additional disability compensation benefits for the veteran's spouse and son. The older sons (AM and MB) are recognized as dependents but no specific effective date is provided due to their age.

The veteran's TDIU claim is being remanded due to the need for additional development, including obtaining medical records and conducting VA examinations.

The Board denied the veteran's claim for service connection for postoperative residuals of an epidermoid tumor with an acoustic neuroma, finding that his disability did not have its onset during active service and was not related to ionizing radiation or herbicide exposure.

The veteran does not meet the basic criteria for entitlement to a nonservice-connected pension, and there is no competent evidence that a current vascular disease of the left leg is related to service. The claim for service connection is denied.

The veteran's appeal for service connection for a left leg condition as secondary to his service-connected left hip disability has been granted.

The Board has determined that additional development is needed, including obtaining the veteran's hospital records and death certificate. The case will be returned to the VAMC for further review under relevant provisions of 38 U.S.C.A. §§ 1703, 1725, and 1728.

The veteran's emergency services for a nonservice-connected condition were not reimbursable by VA because the medical emergency did not meet the criteria and there was no feasible alternative to seeking care at a non-VA facility.

The Board has determined that the veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active duty service. The cause of death listed on his death certificate is cardiorespiratory arrest due to cancer of the prostate.

The Board has dismissed the veteran's claim for service connection for a liver disorder due to his withdrawal of the appeal. The Board denied the veteran's claim for service connection for gastric antrum/peptic ulcer disease as there was no evidence showing in-service incurrence or continuity of symptomatology.