Other conditions decisions — 2009

The Veteran's appeal is for a higher initial rating for his service-connected cyclothymic disorder and a TDIU. The Board has determined that further development is needed to determine if the Veteran is unemployable due to his service-connected disabilities, including his cyclothymic disorder.

The appellant's claim for accrued benefits was not timely filed, as it was received more than one year after the Veteran's death. Therefore, the claim is denied.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining medical records.

The Veteran's claims for increased evaluations of her service-connected chondromalacia patella of the left and right knees are being remanded due to a need for additional development, including a compensation and pension examination.

The Board found that the Veteran's ulcer disability pre-existed service and did not increase in severity during service, thus rebutting the presumption of soundness.

The Board denied the reopening of the claim for service connection for the cause of the Veteran's death, finding that new and material evidence had not been received.

The Veteran's prostatitis has been rated at 40 percent, the highest available rating under the applicable VA rating criteria.

The Veteran's claim for an initial disability rating in excess of 10 percent for hyperkeratotic skin lesions of both feet is being remanded due to the need for a new VA examination and consideration of updated treatment records.

The Board finds that the Veteran's squamous cell carcinoma of the right hypopharynx is related to his in-service exposure to herbicides and grants service connection for this condition.

The Veteran's current left hand and wrist problems, including carpal tunnel syndrome, are considered to be related to the June 1997 service injury. The Board finds that the evidence is at least in equipoise with the claim.

The Veteran's claim for a higher disability rating for her service-connected myofascial back pain was denied as she did not meet the criteria for an increased evaluation under VA regulations.

The Board has granted a rating of 80 percent for the Veteran's chronic lymphedema of the right upper extremity due to filariasis, which is limited to the hand, forearm, and upper arm.

The Veteran's claim for service connection for an eye disorder, including as due to an undiagnosed illness, is being remanded for additional development. The case will be reviewed and a Gulf War examination will be scheduled.

The Veteran seeks service connection for a left foot disorder, including loss of feeling, weakness, hammer toe, and bunions. The Board has ordered the case remanded to determine if there is clear and unmistakable evidence that any currently diagnosed left foot disorder preexisted his entry into active military service in February 1957 and was not aggravated by service.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling examinations to determine the relationship between his current DVT symptoms and service.

The Veteran's request for reimbursement of unauthorized private medical expenses incurred at a private clinic in December 2006 was denied because prior written approval from VA was not obtained before seeking the care. The treatment provided was an annual mammogram, which is considered routine preventive health care.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of entitlement to service connection for residuals of a back injury, thus denying the application to reopen.

The Board has remanded the case due to new evidence received after a previous supplemental statement of the case. The Veteran's claim for service connection for pulmonary nodules will be reviewed again, and he will be given an opportunity to respond.

The Board found clear and unmistakable error (CUE) in the August 15, 1947 rating decision that denied service connection for psychoneurosis. The Veteran's claim of CUE was granted.

The Veteran's loss of use of the feet was not incurred in or aggravated by military service and is not related to his service-connected spondylolisthesis at L5-S1 with lumbosacral strain. The requirements for SMC based on loss of use of the feet have not been met.