Other conditions decisions — 2009

The veteran's cholangiocarcinoma was not incurred in or aggravated by military service, and may not be presumed to have been so incurred including as secondary to Agent Orange herbicide exposure.

The Board denied the Veteran's claim for service connection for a gallbladder disorder, to include cholecystitis and cholelithiasis, post cholecystectomy, as secondary to his service-connected pelvis and back disorder due to lack of evidence linking the condition to his military service.

The Board is remanding the case to provide the Veteran with proper VCAA notice regarding the bases for the prior denial of his service connection claim and what type of evidence would suffice to reopen it.

The Veteran's coccygodynia, currently evaluated as 10 percent disabling, is productive of episodic pain in the region of the coccyx. The Board finds that the current evaluation adequately reflects the severity of his disability and does not warrant an increased rating.

The Board found that the cause of the Veteran's death, cardiac arrest due to ischemic cardiomyopathy, was not related to his service-connected conditions and thus denied the claim for service connection for the cause of death.

The Veteran's claim for service connection for a stomach disability is being remanded due to conflicting medical opinions and the need for further evidence.

The Board denied the Veteran's claim for an increased disability rating for his service-connected Volkmann's contracture of the right arm, currently rated at 20 percent.

The Board found that the Veteran's pre-existing thoracic spine conditions were aggravated by his military service, warranting service connection for these disabilities.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for the residuals of a back injury, resulting in a denial.

The VA reduced the monthly pension payments for nonservice-connected pension with aid and attendance by $365.50 for a one-year period starting August 1, 2007 due to additional income received from Social Security Administration (SSA). The reduction was then increased back by $365.50 at the end of the year.

The Veteran's claim for service connection for prostate disorder and residuals of yellow fever (claimed as heart and eye disorders) is denied. The evidence does not establish a direct link between the current conditions and service.

The Veteran's claim for a higher evaluation for spondylolisthesis was denied as her condition did not meet the criteria for a rating in excess of 10 percent.

The Board denied the appellant's claim for VA death benefits as she was not considered a 'surviving spouse' at the time of her ex-husband's death.

The Board has denied the veteran's claim for service connection as there is no evidence of a low back disability during service and the current condition is not related to an incident or injury sustained during active duty.

The appellant's claim for recognition as the Veteran's surviving spouse has been denied because her remarriage terminated by death did not result in reinstatement of eligibility for VA benefits.

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at the Erie County Medical Center on July 24, 2008. The VAMC denied his claim because he had not been authorized by VA to undergo these tests. The case is being remanded to clarify if any related medical expenditure was authorized or paid by VA.

The Veteran's right Achilles tendon rupture, which occurred while playing basketball as part of his VA treatment, is considered an event not reasonably foreseeable. Therefore, the Board finds that compensation under 38 U.S.C. § 1151 for residuals of a right Achilles tendon rupture is granted.

The Board has granted a rating of 20 percent for the service-connected residuals of a fracture of the left humerus, effective from the date of the decision.

The Veteran is granted a disability rating of 30 percent for his service-connected skin disorder as of May 23, 2007. His low back disorder and TDIU claims are also granted.