Other conditions decisions — 2009

The Veteran's residual of a flesh wound to the lower left leg is rated as a 0 percent disability due to its asymptomatic nature and lack of impairment.

The Board has determined that the Veteran does not suffer from left leg atrophy and therefore, service connection for this condition is denied.

The Veteran's request for a hearing before the Board has been postponed due to health and financial reasons. The case is now being remanded for scheduling a new hearing at the Regional Office.

The Veteran's chronic lymphocytic leukemia was manifested by no active disease and hemoglobin of at least 15.7; it does not require continuous medication for control of the disability, since the grant of service connection.

The Board determined that the Veteran's gunshot wound to the head was proximately caused by his own misconduct and thus not incurred in the line of duty, resulting in denial of service connection.

The Veteran's service-connected intervertebral disc syndrome, L-3 through S-1, rated at 60 percent disabling, precludes him from obtaining or maintaining substantially gainful employment due to his disability.

The Board has ordered additional development to determine if the Veteran's death was caused by or related to his service-connected conditions, including arrhythmia and vascular disease. The appellant is asked to provide any relevant private medical records.

The Board found no evidence linking the Veteran's current syphilis to service, and denied his claim for service connection.

The Veteran's appeal is being remanded for a new examination to evaluate the current nature and severity of his back disorder, as well as for additional medical opinions regarding his TDIU claim. The case will be returned to the Board after these actions are completed.

The Board has decided to remand the case for additional development, including a new VA orthopedic examination and obtaining any outstanding medical records.

The Board denied the appellant's request for waiver of recovery of an overpayment of pension benefits due to his intentional misrepresentation of his spouse's income, which caused the overpayment.

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals.

The Board denied the Veteran's claim for service connection for a skin disorder, finding that there was no evidence linking his current condition to active duty service or exposure to herbicides in Vietnam.

The Veteran's unauthorized medical expenses incurred on April 15 and 18, 2005 are granted as the conditions were deemed to be of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention would have been hazardous to life or health.

The Veteran's unauthorized medical expenses for services rendered at Oak Hill Hospital in Spring Hill, Florida from February 1, 2006 to February 6, 2006 are denied as the condition had stabilized and VA facilities were readily available.

The surgeries resulted in a worsening of the pre-existing ptosis and the development of superficial punctate keratitis, which are considered additional disabilities.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The Board found that the Veteran's myelodysplastic syndrome was not present during service or for many years thereafter, and it was not caused by any incident of service including Agent Orange exposure. Therefore, the claim for service connection was denied.

The Board has remanded the case for further proceedings and readjudication consistent with the Court's decision. The Veteran is seeking service connection for neck injury residuals, and he also needs to address the timeliness of his substantive appeal for an increased rating for PTSD.

The Veteran's granuloma annulare is not shown to be due to any event or incident of his active service, and the Board finds that it is least likely related to his military service.