Other conditions decisions — 2008

The Board has determined that the veteran does not have any current disability related to a cold injury sustained in service, and thus cannot establish service connection for residuals of a cold injury to the feet.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error due to lack of a final decision.

The Board found that the veteran owed a debt of $38,783.60 due to fraudulent enrollment at Ramon Magsaysay University in the Philippines.

The Board has determined that a VA examination is needed to determine the nature and likely etiology of any disability associated with exposure to solvents or hypersensitivity to chemicals. The veteran's claim for service connection for 'hypersensitivity to solvents' will be remanded.

The veteran's appeals for increased ratings on his service-connected disabilities have been withdrawn by the appellant and their respective claims are dismissed.

The Board has decided to remand the case for a Travel Board hearing due to the appellant's request change from a videoconference hearing to a Travel Board hearing. The appeal is currently in a pending state and will be handled expeditiously.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for nerve damage and left leg disability due to back surgery performed at a VA medical facility. The Board has determined that additional development, including obtaining relevant treatment records, is necessary before deciding this case.

The veteran's skin cancer, including basal cell carcinoma and squamous cell carcinoma, was not present during service, did not arise within one year of separation, and has not been shown by medical evidence to have been caused by any incident of service, including herbicide exposure. Therefore, the claim for service connection is denied.

The veteran's claim for a temporary total rating based on right hip replacement surgery performed in July 2003 is denied because the claim was filed more than one year after the need for convalescence began.

The veteran's esophageal cancer and stomach problems are being remanded for further development, including obtaining private medical records and scheduling a VA examination to determine if there is an etiologic relationship between the veteran's esophageal cancer and any service-connected disability.

The Board found that the veteran's service-connected rheumatic fever residuals did not contribute to his death from atherosclerotic vascular disease, and thus denied the claim for service connection.

The Board denied the appellant's claim for eligibility to VA benefits due to a lack of qualifying service in the United States Armed Forces.

The veteran's application for enrollment in the VA health care system was denied due to being assigned to Priority Group 8, which is reserved for veterans with lower incomes and no service-connected disabilities.

The veteran's claim for reimbursement of unauthorized medical expenses is denied because the services were not authorized by VA, and no emergency condition existed that would have required immediate treatment.

The Board finds that the veteran does not have active ear disease and thus, a compensable rating for chronic otitis externa is not warranted.

The Board found that the veteran did not suffer an additional left eye disorder proximately due to VA's carelessness, negligence, or similar instance of fault in performing a surgical procedure in January 2002.

The Board denied the veteran's claims for service connection for gouty arthritis, breathing difficulties, fatigability, and dizziness. The decision found no evidence of these conditions in service or within one year after service, and there was insufficient medical evidence linking them to service.

The Board found that the veteran's blindness of the right eye was not caused by VA carelessness, negligence, or lack of proper skill. The additional disability resulted from the veteran's own non-compliance with medical instructions and follow-up appointments.

The Board found that the veteran's service-connected right thigh disability did not warrant a rating in excess of 30 percent, as it demonstrated no more than a moderately severe muscle injury.

The veteran's claims for service connection for laryngeal cancer and lung disorder are being remanded due to the need for a VA examination and verification of his current address.