Other conditions decisions — 2008

The Board denied an increased evaluation for left arm neuropraxia, finding that the evidence did not support a rating greater than 30 percent.

The case is remanded to the RO for adjudication of a claim of clear and unmistakable error (CUE) in a prior rating decision that could affect eligibility for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318.

The Board remands the case for an addendum opinion to address additional evidence and questions regarding aggravation of a herniated disc by service-connected osteoarthritis, as well as the potential relationship between a back injury in 2003 and subsequent conditions.

The veteran's treatment at Legacy Good Samaritan Hospital was for an emergency that a prudent layperson would reasonably expect to be hazardous to life or health, and VA facilities were not feasibly available. Therefore, the criteria for reimbursement of unauthorized medical expenses have been met.

The Board denied the veteran's claim for service connection for right foot arthritis and heel spur, as there was no evidence of a chronic disability during service or continuity of symptomatology after discharge, and medical opinions concluded that the current conditions were not related to an in-service injury.

The veteran withdrew his appeal for payment or reimbursement of unauthorized medical expenses incurred as a result of treatment received at Grenada Lake Medical Center on May 31, 2006.

The veteran's bilateral shin splints are manifested by chronic pain, antalgic gait, tenderness, weakness and at least moderate knee or ankle disability. The Board granted a 20 percent rating for each lower extremity.

The Board denied service connection for a lung disorder, to include emphysema and status post excision of a benign hamartoma as due to asbestos exposure. The veteran was also denied an initial compensable evaluation for bilateral hearing loss.

The Board denied the veteran's appeal for an earlier effective date, as there was no legal basis to assign a date prior to April 13, 2006.

The appellant was not legally married to the veteran at the time of his death, and therefore cannot be recognized as his surviving spouse for VA death benefit purposes.

The appeal is remanded to the RO for further development and readjudication of the veteran's claim for an initial compensable evaluation for duodenal ulcer, including consideration of staged ratings.

The veteran's claim for a higher initial evaluation for residuals of a gunshot wound to the right foot, with a third metatarsal fracture and retained foreign body is being remanded for further development.

The Board denied an initial, compensable rating for tremors of the head and neck prior to May 3, 2004, but granted a 10 percent rating effective May 3, 2004.

The Board found that the veteran was not exposed to herbicides during his service in Thailand and denied service connection for Hodgkin's disease.

The Board denied the veteran's claims of entitlement to service connection for residuals of an injury to the nasal cavity and chronic sinusitis, and found that there was no clear and unmistakable error in the decision.

The appeal is remanded for additional development, including an addendum to the November 2007 VA examination report.

The Board denied service connection for residuals of rheumatic fever and arthritis, including rheumatic arthritis, as there was no competent evidence showing the veteran had a current disability related to his military service.

The Board denied the veteran's claim for service connection for a back disorder, as there was no competent medical evidence linking the current disability to active service or any incident of service.

The case is remanded to obtain additional evidence regarding the serviceman's exposure to ionizing radiation and to verify his activities during a period of ACDUTRA at White Sands.

The Board denied the veteran's claim for service connection for laminectomy with discectomy L4/5 and degenerative joint disease with radicular pain of the lower back, as there was no competent evidence linking the current disability to his military service.