Other conditions decisions — 2009

The Veteran's claim for service connection for a residual infection of Lyme disease and Rocky Mountain disease, to include a blood disease is denied as there is no current diagnosis or treatment. The Veteran's claim for service connection for a digestive disability (claimed as heartburn) is remanded due to the need for updated VA examination with nexus opinion.

The Veteran's total revision of his service-connected right total hip arthroplasty, performed on February 3, 2005, is equivalent to a hip replacement. The Board grants a one-year temporary total rating for this procedure.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's unauthorized medical expenses for a neck cut received at Northpoint Medical Center on April 16, 2005 are denied as there was no emergency condition requiring immediate care and VA facilities were feasibly available.

The Veteran's bladder disability has been manifested by urinary leakage requiring the use of absorbent material that must be changed more than four times per day, but renal dysfunction has not been shown. The criteria for a higher rating have not been met.

The Veteran's current diagnoses of basal cell carcinoma and meningioma are not related to his service, including any exposure to ionizing radiation. The Board finds the Veteran's claims for service connection denied.

The Veteran's skin disorder, claimed as eosinophilic fasciitis, was not incurred in or aggravated by active service.

The Veteran seeks service connection for Hodgkin's disease, which he claims is related to his exposure during active duty in Southwest Asia. The claim will be remanded due to the need for a VA examination and opinion regarding the relationship between the Veteran's current condition and his military service.

The Board found that the Veteran's partial loss of use of left leg was not incurred in or related to his active service and denied his claim.

The Board has determined that the Veteran's death was caused by his service-connected chronic myelocytic leukemia, which became manifest within a year of his discharge from service. Therefore, service connection for the cause of the Veteran's death is granted.

The Board denied the Veteran's claims for service connection for malaria and a gastrointestinal disorder as secondary to PTSD. The Veteran's claim for an initial rating in excess of 30 percent for posttraumatic stress disorder was granted with a 30 percent disability rating.

The VA determined that the Veteran's death was not caused by any fault on the part of VA during medical treatment, and thus compensation benefits pursuant to 38 U.S.C.A. § 1151 are denied.

The Veteran's spouse is not eligible for CHAMPVA benefits because she is already covered by TRICARE and does not meet the eligibility criteria for CHAMPVA.

The Board denied the Veteran's claim for an earlier effective date for a total rating based on unemployability due to lack of timely filing of a substantive appeal.

The Board granted service connection for macroglobulinemia as non-Hodgkin's lymphoma, finding that the Veteran had a low titer monoclonal gammopathy of unknown significance and did not have evidence of non-Hodgkin's lymphoma. The condition is presumed to be related to exposure to Agent Orange.

The Board denied the appellant's motion to reopen her claim for service connection for the cause of the Veteran's death, but granted reinstatement of DIC benefits effective October 1, 1998.

The Veteran's claim for a higher disability rating for his service-connected psychophysiological musculoskeletal and gastrointestinal disorder with deformed duodenal bulb was denied. The Board found that the evidence did not support a rating greater than 30 percent, as it indicated only some occupational and social impairment without significant decrease in work efficiency or inability to perform tasks.

The Board found no evidence of service connection for the Veteran's skin disability, characterized as seborrheic and actinic keratoses. The claim was denied because there is no presumption of exposure to herbicides due to his service in Vietnam, and the medical evidence did not support a link between the condition and any form of exposure during or after service.

The Board denied an evaluation in excess of 10 percent for the Veteran's pilonidal cyst.

The Board found that the Veteran's death was not caused by any service-connected condition, and thus denied his claim for service connection for the cause of his death.