Other conditions decisions — 2009

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of verified service, as his claimed active duty service could not be substantiated and there were no records indicating he had undergone any periods of active duty for training or inactive duty for training.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his colon cancer was unrelated to service and not related to exposure to herbicide agents in Vietnam.

The Board has remanded the case for further development due to inadequate examination and missing VA treatment records.

The Veteran's appeal for increased ratings and TDIU was denied. The left common peroneal nerve disability is currently rated at 50 percent.

The Veteran's service treatment records show an in-service right heel injury, but no current disability was found upon VA examination. The Board denies service connection for residuals of a right heel injury.

The Board denied an earlier effective date for the grant of nonservice-connected death pension benefits, finding that the criteria were not met due to lack of a timely substantive appeal and submission of new evidence.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Sierra Vista Regional Medical Center on May 22, 2006 was denied because the claim was not filed within 90 days of the treatment.

The Board found that the Veteran's fatal gastric cancer was not caused by his service-connected rheumatoid arthritis or any treatment for it, and thus denied service connection for the cause of death.

The Board found that peptic ulcer disease with residuals of antrectomy, vagotomy, subtotal gastrectomy, and postgastrectomy syndrome was incurred in service.

The Veteran's surviving spouse was found eligible for CHAMPVA benefits from September 16, 2004, through April 30, 2006. However, she is not eligible for the period from May 1, 2006, through June 30, 2007.

The Veteran's claim for an increased rating for a sebaceous cyst at the right axilla is being remanded due to the need for further development, including examination and additional evidence.

The Board has determined that the appellant's claim for an earlier effective date of April 28, 1998, for the granting of service connection for functional bowel disease is granted.

The Board denied the Veteran's claims for service connection for a neck disorder and residuals of head trauma, finding no current diagnosed conditions. The claim for duodenal ulcer was not addressed as it is presumed resolved.

The VA has granted increased ratings of 30 percent for the residuals of right and left inguinal hernia repairs, effective July 17, 2002.

The Board has remanded the case for further development to address whether the Veteran's current left hip condition is related to service or a service-connected disability, and if so, whether it is secondary to his service-connected low back disorder.

The Board has determined that the Veteran does not have residuals of a punctured lung other than blunt trauma to the left chest with healed left rib fractures and left 8th rib deformity, nor is there evidence linking his current shortness of breath to service. Therefore, service connection for this condition is denied.

The Veteran's service-connected residuals of a gunshot wound to the right lower leg involving Muscle Group XI are rated at 30 percent prior to September 26, 2008.,A compensable evaluation (10%) is granted for the scar of the skin graft donor site on the right thigh. The Veteran's service-connected scars from a shell fragment wound of the right hip have not been assigned any compensation since September 29, 2008.

The Veteran's claims for increased ratings for his service-connected left thigh and foot disabilities were denied. The Board found that the current evaluations adequately compensate the Veteran for his complaints of pain and functional loss.

The VA denied the appellant's claim for service connection for malaria, finding no current disability associated with the condition and noting that there is no competent evidence of a diagnosis or treatment for malaria since separation from service.

The Board has remanded the case due to insufficient examination and lack of rationale for the etiology of the Veteran's claimed disability. The Veteran is to be provided another opportunity for a VA examination.