Other conditions decisions — 2009

The Veteran's claim for payment or reimbursement of emergency services at non-VA facilities is being remanded due to the need to associate his claims folder with his medical reimbursement file and provide proper VCAA notice.

The Board has granted service connection for residuals of a maxillofacial injury and dental trauma to teeth nos. 10, 23, 24, and 25 due to in-service incidents.

The Veteran's ischemic changes of the flexor pollicis longus muscle of the left hand have not been shown to meet or approximate the criteria for a higher initial disability rating.

The Board found that the Veteran's claimed circulatory damage and nerve damage are not related to VA dental treatment or service connection. The claim for compensation under 38 U.S.C.A. § 1151 was denied as there is no evidence of additional disability resulting from VA treatment.

The Veteran's appeal is being remanded for further development, including an examination by an oral surgeon to assess the severity of his service-connected residuals of a fracture of the maxilla.

The Veteran's service-connected knee disabilities have not been found to warrant higher ratings based on the current level of disability.

The Board has determined that the Veteran's varicose veins, which pre-existed service, were aggravated during his period of active duty. Therefore, service connection for varicose veins with venous insufficiency is granted.

The Board found that the service-connected intrastromal corneal foreign body of the left eye status post shell fragment wound is not the cause of the loss of visual acuity in that eye, nor is it productive of field loss, pain, rest-requirements or episodic incapacity.

The Board is unable to reasonably associate the Veteran's current conditions with any incident or incidents of his period of active military service. Service connection must be denied.

The Board found that the Veteran's cause of death, acute myelogenous leukemia, was not due to service-connected conditions or exposure to Agent Orange. The Board concluded that neither the service-connected spondylogenic back pain nor skin lesions contributed substantially or materially to his death.

The Board denied the appellant's claim for reinstatement of DIC benefits as a remarried widow due to her remarriage at age 52, which is below the statutory threshold (57 years old) required by current law.

The Veteran's right hand impairment, specifically the residuals of a right 4th metacarpal fracture with impairment of Muscle Group IX, is currently rated at 20 percent and no more due to moderate functional impairment.

The Board found that the evidence submitted since the last final denial does not raise a reasonable possibility of substantiating the claim of service connection for the cause of the Veteran's death.

The Veteran's claim for service connection for colon cancer, claimed as the result of radiation and/or Agent Orange exposure, is being remanded due to incomplete records search.

The Veteran's claim for service connection for colon cancer was denied as the condition is not linked to his active duty service, including exposure to herbicides like Agent Orange.

The Veteran's claims for increased ratings and service connection have been denied. The RO found that the evidence did not support higher ratings or a finding of service connection.

The Board has determined that the Veteran's service-connected calcified pleural plaques do not warrant an initial compensable rating.

The Veteran's election of Improved Pension was effective February 10, 2006. The claim for an earlier effective date is denied as there was no earlier election.

The Veteran's current residuals of cold weather injuries to the bilateral upper and lower extremities are found to be related to in-service exposure, and service connection is granted. The claims for cutaneous T-cell lymphoma (mycosis fungoides) and squamous cell carcinoma due to exposure to mustard gas or DDT in service are remanded.

The Board finds that the Veteran does not have a bullet in his brain, stomach, or lung due to service. As such, service connection for these conditions is denied.