Other conditions decisions — 2009

The Veteran's claim for an increased evaluation for his left femur fracture was denied. The current evaluation of 10 percent is deemed insufficient to reflect the severity of his disability.

The Veteran is seeking service connection for cancer of the tongue, throat, and neck. The Board has remanded the case due to conflicting opinions regarding the etiology of his cancer and the potential role of non-ionizing radiation exposure during military service.

The Veteran's claim for service connection for the residuals of a brain tumor is being remanded due to its inextricability with other pending claims. The AMC must adjudicate these related claims and then readjudicate the service connection claim.

The Veteran's right forearm fracture residuals are currently rated at 20 percent disabling. The VA Appeals Management Center (AMC) has granted an increased rating to 20 percent, but the Board of Veterans' Appeals (BVA) denied his claim for a higher rating in July 2008 and remanded it due to procedural issues.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling a VA examination.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA medical center records from Indianapolis.

The Veteran's service-connected left tibia stress fracture residuals and cutaneous discoid lupus erythematosus are not rated higher than the current noncompensable levels.

The Board has determined that the Veteran does not currently have a skin disability for purposes of service connection.

The Veteran's deviated nasal septum and adhesion of the left inferior turbinate are not productive of obstruction on both sides or complete obstruction on one side, thus not meeting the criteria for a compensable rating. The right knee strain is manifested by degenerative changes with painful motion but without subluxation, ankylosis, dislocation of semi-lunar cartilage, impairment of tibia and fibula, or dislocation of the joint capsule. The synovitis of the right knee is also manifested by pain and degenerative arthritis with flexion limited to 60 degrees.

The Veteran's service-connected disabilities, alone, do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's residuals of left pneumothorax have been rated at 10 percent since July 2003, based on FEV-1/FVC readings. The most recent testing in June 2009 showed a pre-bronchodilator FEV1/FVC of 73%, corresponding to the current 10% disability rating.

The Board denied the Veteran's claim for payment of unauthorized medical expenses due to his coverage under Medicare, which means he is not eligible for reimbursement under the Millennium Bill Act.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to procedural issues. The AOJ must ensure compliance with the terms of the prior Board remand, including informing the Veteran of the requirements for service connection for a right total hip replacement.

The Board has determined that the Veteran's transitional cell carcinoma of the bladder is as likely as not related to his period of active service, including exposure to paint and chemical solvents during military service. As a result, the claim for service connection is granted.

The Veteran's appeal is about the initial disability rating for mechanical back pain. The RO granted service connection with a 10% evaluation effective July 30, 2004. The Veteran requests an increased rating.

The RO denied the appellant's claim for nonservice-connected pension benefits as he had no recognized service in the U.S. Armed Forces.

The Veteran is seeking a higher rating for his left knee disability, which was previously rated at 10 percent and increased to 20 percent effective May 26, 2005. The case is being remanded due to the need for additional medical records and an updated VA examination.

The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 was denied because there is no evidence to support that VA carelessness, negligence, or error in judgment caused his additional disability.

The Board has decided that the Veteran's claim of entitlement to service connection for a chronic lung disorder requires further development and is therefore being remanded.

The Veteran's claims for non-service-connected pension and special monthly pension were granted, effective from the date of his death. The earlier effective date claim was denied as no earlier effective date is available due to the nature of the benefit.