Other conditions decisions — 2008

The Board has decided to remand the case due to the failure of the veteran's representative to be notified and participate in the appeal process. The veteran needs to submit a timely notice of disagreement.

The Board has determined that the squamous cell carcinoma of the right neck originated in the larynx and spread to lymph nodes, meeting the criteria for service connection due to its association with herbicide exposure.

The veteran's claim for payment or reimbursement of unauthorized medical expenses at a non-VA hospital on August 17, 2006 was denied because he did not respond within the required time limit to a request for additional information and thus abandoned his claim.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on August 3, 2006 was denied as the services were not rendered in an emergency situation and VA facilities were feasibly available.

The Board has determined that the veteran's nasal and larynx disorders are not service-connected, as there is no evidence linking these conditions to his military service or presumed herbicide exposure. The claims for service connection have been denied.

The Board has determined that the veteran's additional disability, including adhesions and painful erections resulting from July 2001 VA surgery, is due to a foreseeable complication of the procedure. As such, the criteria for compensation under 38 U.S.C.A. § 1151 have been met.

The Board found no service connection for the cause of death and denied the claim.

The veteran's claim for payment or reimbursement of private medical expenses from December 3, 2005 to December 9, 2005 was denied as VA facilities were feasibly available and the veteran refused transfer.

The Board's June 2004 decision denying service connection for a pinched nerve in the neck is vacated and the appeal is dismissed due to the veteran's death.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse for VA death benefits purposes due to lack of evidence supporting a common-law marriage.

The Board has determined that the cause of the veteran's death, colon carcinoma, was not related to his active military service and denied the claim for service connection.

The Board found that the veteran's left knee disability does not warrant a rating higher than 10 percent, as his range of motion did not meet the criteria for a compensable rating under DCs 5260 and 5261. The veteran is therefore denied an increased rating.

The veteran's request for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code was denied as he did not meet the legal requirements for such an extension.

The veteran's appeal for special monthly compensation by reason of being housebound has been dismissed due to the withdrawal of the appeal.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's right leg condition is related to his service-connected left tibia and fibula fracture residuals.

The veteran's tarsal tunnel syndrome is manifested by reduced strength in the right foot, but not severe or complete paralysis. The current evaluation of 20% for this condition remains appropriate.

The veteran sustained a cerebrovascular accident (stroke) following VA carpal tunnel surgery, resulting in weakness in the right upper and lower extremities. The Board finds that the additional disability is due to the VA treatment.

The Board has remanded the case for additional development, including scheduling a VA examination and providing proper VCAA notice regarding effective dates and disability ratings.

The Board denied the veteran's claim for a disability rating in excess of 30 percent for callosities and pes cavus with claw toe defects of both feet, finding that the evidence did not warrant a higher rating under Diagnostic Code 5278.

The Board has determined that the veteran's claimed conditions are not related to his service-connected chip fracture of the 4th lumbar vertebral body with arthritis, and thus denied both claims for service connection.