Other conditions decisions — 2009

The Board has reopened the claim for service connection for a rash on the face and skin due to new and material evidence. However, further development is needed as there is no competent evidence linking the current condition to military service or Agent Orange exposure.

The Board denied the appellant's claim for VA benefits for a child born with birth defects, finding no legal basis to award such benefits.

The Board has determined that the Veteran's claim for an earlier effective date for service connection of reactive airway disease (claimed as asthma) is denied, as the earliest possible effective date is November 21, 2005.

The Board has determined that the Veteran's current right ankle degenerative joint disease is related to his in-service injury, and thus grants service connection for this condition.

The Veteran's appeal for the higher 80 percent rate of payment under REAP benefits is granted, as her service qualifies based on an aggregate of three years or more.

The Veteran's skin disorder, stress incontinence of the bowel and bladder as secondary to service-connected sinusitis, and sleep apnea have been granted service connection. The skin disorder claim was reopened due to new evidence submitted since the last final denial.

The Board has determined that the appellant is entitled to DIC benefits as the Veteran's surviving spouse due to a deemed valid common law marriage.

The Veteran's unauthorized medical expenses incurred at Samaritan North Lincoln Hospital from January 7, 2007 to January 8, 2007 are denied because his condition had stabilized by January 7, 2007 and he could have been safely transferred to a VA or other Federal facility.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to take further action on the merits of this case.

The Veteran's requests for reimbursement of unauthorized medical expenses incurred during the specified dates were denied.

The Veteran's gout disability is currently rated at 20 percent, and the evidence does not meet the criteria for a higher rating.

The Veteran's service-connected acoustic neuroma of the right ear is found to be etiologically related to his residuals of a right translabyrinthine craniectomy, gross total resection of acoustic neuroma. The claim for secondary service connection is granted.

The Board found that the reduction of compensation benefits to a 10 percent rating was proper due to the Veteran's incarceration, and denied his claim for apportionment of benefits.

The Board denied reopening the Veteran's claim for service connection and secondary service connection for a neck disorder due to lack of new and material evidence.

The Veteran's bladder cancer is found to be related to his exposure to Agent Orange during service, and thus granted service connection.

The Board has remanded the case for a VA examination to determine if the Veteran's current arthritis of the hands is related to his military service or that was manifest in the one-year period thereafter.

The Veteran's nerve disability is not considered to be due to carelessness, negligence, or lack of proper skill on the part of VA. The Board finds that the complication was a known risk of the procedure and thus does not meet the criteria for compensation under 38 U.S.C. § 1151.

The Board has determined that the Veteran's multiple myeloma is presumed to be due to his exposure to herbicides during service, and thus grants service connection for this condition.

The Veteran's claim for an increased initial evaluation for residuals of squamous cell carcinoma of the larynx was granted, with a current disability rating of 30 percent. The condition is currently rated based on its direct service connection without any presumption or secondary linkage to another condition.

The Board denied the Veteran's claim for an increased rating of his right leg shell fragment wound residuals, finding that the evidence did not show a worsening of the disability or its impact on employment and daily life. The Veteran was rated at 10 percent under DC 5260 (limitation of flexion) due to tender scar covering less than six square inches.