Other conditions decisions — 2008

The veteran's claim for reimbursement of unauthorized private medical expenses incurred on July 18, 2002 at G.M. Hospital and from July 18 to July 21, 2002 at LDS Hospital was denied because the services were not authorized by VA prior to the treatment, the veteran did not meet the eligibility criteria under 38 C.F.R. § 17.1002(e), and the claim was filed more than 90 days after the latest of several specified dates.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his heart attacks to his time in service.

The veteran's claims for reimbursement of unauthorized medical expenses at Bayfront Medical Center and Bayflite Medical Transport on May 18, 2006 were denied as the veteran had coverage under his automobile insurance policy.

The Board found that the veteran's current gastrointestinal disorder is not related to service and denied his claim.

The Board has remanded the case for further development, including a VA examination to assess the veteran's left biceps injury and its residuals. The claim is pending further action.

The VA compensation examination conducted on October 20, 2006 indicated that the veteran's left foot disability is characterized by X-ray evidence of left ankle arthrosis and a left foot plantar calcaneal spur. The examiner noted painful, stilted movement with active and passive motion in her left ankle and foot, along with abnormal weight-bearing and an antalgic gait. As of October 31, 2006, the date of the VA examination, the veteran's disability is rated at 30 percent.

The Board has determined that the veteran's pelvic and abdominal wall adhesions are manifested by uncontrolled pelvic pain, affecting the bowel and bladder but without lesions involving these organs. The criteria for an evaluation in excess of 30 percent have not been met.

The Board has determined that the veteran's skin disability, including as secondary to herbicide exposure in service, was not incurred or aggravated by service. The evidence does not support a finding of direct service connection and there is no medical evidence linking the current skin condition to herbicide exposure.

The Board found no evidence of a chronic condition during service or after discharge, and the veteran's current right hand disability is not related to his in-service injury. Therefore, the claim for service connection was denied.

The Board found that the veteran's right leg overuse syndrome was not incurred during service and denied her claim for service connection.

The Board has determined that the veteran's current right side facial nerve dysfunction with hemifacial spasm is not related to an injury in service and denied his claim for service connection.

The Board denied the veteran's claims for an initial rating in excess of 10 percent for vitiligo and fibromas, as well as a compensable rating for residuals of fracture of the right little finger. The conditions are rated based on their current manifestations.

The veteran's appeal is being remanded due to his failure to attend a scheduled hearing. The issues of restoration of the 40 percent rating for amputation, right second toe, and entitlement to ratings in excess of 10 percent and 20 percent for hallux valgus, left foot, are still pending.

The Board has determined that the veteran's testicular cancer, status post right radical orchiectomy with sterility, is related to his service and grants the claim for service connection.

The Board has determined that the reduction in the amount of the appellant's surviving parent's DIC benefits from $464 a month to $5 a month, effective January 1, 2003, was proper due to her annual income exceeding the legal limit.

The Board has determined that there is no current disability attributable to the veteran's pilonidal cystectomy, and thus denied his claim for service connection.

The Board has remanded the case due to uncertainty about the veteran's exposure to ionizing radiation and a need for a dose assessment. The appellant seeks service connection for her husband's cause of death, which she believes was caused by his exposure to radiation during World War II.

The Board has denied the veteran's claims for service connection for jungle rot of both feet and a total body rash, finding that there is no credible evidence linking these conditions to his time in service.

The veteran's initial claim for higher ratings was granted, with a 40 percent rating effective October 12, 2005 and a 30 percent rating effective June 1, 2007.,A noncompensable scar rating remains unchanged.

The Board has granted a 70% rating for the veteran's adjustment disorder, finding that it produces occupational and social impairment with deficiencies in most areas.