Other conditions decisions — 2009

The Veteran's claim for an evaluation in excess of 20 percent for his service-connected first degree spondylolisthesis, L5-S1 is being remanded due to the need for a VA examination.

The Veteran's appeal is being remanded for additional development of the evidence, including a VA orthopedic examination to determine the nature and etiology of her current left and right hamstring disorders. The issue of an initial disability rating in excess of 10 percent for left inguinal muscle strain must also be addressed.

The Board has remanded the case for additional development, including obtaining medical records and providing corrective VCAA notice.

The Veteran's claim for payment or reimbursement of private medical expenses from March 10, 2006 to April 11, 2006 is denied because the services were not rendered in a medical emergency and VA facilities were feasibly available.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at the TLC Health Network from January 22, 2008 to January 25, 2008 is denied as he does not have any adjudicated service-connected disabilities and his health insurance covers these expenses.

The appellant was not recognized as the Veteran's surviving spouse for VA purposes due to legal issues surrounding her previous marriage and divorce.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the severity of his service-connected residuals of gunshot wound (MG XXI) and MG XX, as well as any associated neurological problems.

The Board found that the Veteran's death was not caused by or a result of his service-connected disabilities, and thus denied the claim for service connection for cause of death.

The Veteran's claim for a compensable rating for his left eye disability is being remanded due to an incorrect application of the applicable regulations, and he may be eligible for an extraschedular rating.

The Board of Veterans' Appeals has determined that the veteran is not competent to handle direct payment of VA benefits due to his severe deficits in short-term memory and judgment resulting from service-connected conditions.

The Board has determined that the Veteran's skin disorder is related to his service in Vietnam, and thus grants service connection for a skin disorder.

The Board denied the claim for service connection for the cause of death due to terminal esophageal cancer, finding that the Veteran's esophageal cancer was not caused by his presumed exposure to Agent Orange during military service.

The Board denied an increased disability rating for the service-connected toxoplasmosis and a claim for an earlier effective date of service connection for toxoplasmosis. The case is remanded for further development.

The Veteran's claim for service connection for chronic lymphocytic leukemia, including as due to exposure to Agent Orange, is being remanded for additional development.

The Board denied the Veteran's claim for service connection for non-Hodgkin's lymphoma, finding that there was no evidence of an in-service injury or disease and insufficient medical evidence linking his current condition to his military service.

The Board found that the Veteran's arthritis of the legs, arms, and fingers did not develop as a result of any incident in service. Therefore, the claim for service connection was denied.

The Veteran's claim for a higher disability rating for his right hemicolectomy is being remanded due to the need for additional VA examinations and proper notification.

The Veteran's discharge was due to her pregnancy, which does not qualify her for Chapter 30 educational assistance under the provisions of 38 U.S.C.A. Chapter 30.

The Board found that the Veteran's back disability existed prior to his service and was not aggravated by it. The claim for secondary service connection for substance abuse was denied as primary substance abuse is not a disability for which service connection may be granted. The claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, was also denied.