Other conditions decisions — 2008

The veteran's appeal is being remanded for additional development due to VCAA compliance issues.

The Board has reopened the claims of service connection for ear infections, otitis externa; thoracic spine degenerative joint disease; and a skin disorder as due to an undiagnosed illness. The veteran's claims are granted.

The Board found that the veteran's right index and middle finger disabilities have not warranted a compensable rating at any time since service connection became effective, thus denying his claims for increased ratings.

The veteran's claim for an earlier effective date for the addition of new dependents was denied because she did not provide proof of her marriage until June 25, 2004, which is more than one year after her marriage. The earliest effective date for additional dependent benefits can be no earlier than July 1, 2004.

The veteran's unauthorized medical expenses incurred at St. Joseph's Mercy Health Center on May 6, 2005 were denied as the services did not meet the criteria for reimbursement under VA regulations.

The Board has remanded the case due to the need for further examination and evaluation of the veteran's claimed conditions.

The veteran's application for enrollment in the VA medical healthcare system was denied as he does not meet the eligibility criteria and his request to enroll after January 17, 2003 is not allowed.

The veteran's unauthorized medical expenses for treatment received at the Muskogee Regional Medical Center from January 3, 2005 through January 5, 2005 are denied as there was no indication that VA or other Federal facilities were feasibly unavailable.

The veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for disabilities resulting from treatment at a VA facility in April 1998, specifically tongue deviation, difficulty swallowing, and problems with vocal cords. The case has been remanded to obtain additional medical examination and determine if these conditions are related to the veteran's treatment.

The VA denied the veteran's claim for a higher rating for his radiculitis of the 10th and 11th thoracic nerves, finding that it did not meet the criteria for a disability rating higher than 10 percent.

The Board has granted increased ratings for the veteran's service-connected right knee disabilities, including instability of the meniscus and arthritis with limitation of motion.

The veteran seeks service connection for cardiomyopathy and congestive heart failure, to include as due to an undiagnosed illness. The Board has remanded the case for further development.

The Board has ordered the case to be remanded for further development of records and scheduling a Travel Board hearing.

The Board finds that the veteran's death-causing metastatic malignant meningioma is related to symptoms of headaches he experienced during service, warranting service connection for cause of death.

The Board has determined that the veteran does not have a current skin disorder, including radiation burns, that is related to service. The evidence does not support a finding of chronic disability resulting from an injury or disease in service.

The veteran is seeking service connection for residuals of a left leg fracture. The Board has determined that additional evidence and an examination are needed to properly adjudicate his claim.

The VA determined that the veteran's service-connected post-operative right first MTP joint with traumatic arthritis does not warrant an evaluation in excess of 10 percent.

The Board denied the veteran's claims for service connection for HCL and pneumonia, finding no current disability for either condition. The claim for HCL was not granted as it is not a presumptive disease under VA regulations.

The appeal is being remanded due to the inability to locate a hearing transcript. The appellant has been granted an opportunity for another hearing before a Veterans Law Judge at the RO.

The veteran withdrew his appeal of the claim for compensation for conjunctivitis under 38 U.S.C.A. § 1151, resulting in the dismissal of this issue.