Other conditions decisions — 2009

The Veteran's claims for service connection for a respiratory disorder, an enlarged prostate, and a neurological disorder due to herbicide exposure were denied as there is no evidence of these conditions during or within one year after service. The Board found that the current diagnoses are not related to active duty service.

The Veteran's claims for service connection for right foot and heel, right leg, right hip, and right hand disorders are being remanded due to the need for additional evidence regarding the nature of these conditions and their relationship to his service-connected cervical spine traumatic arthritis.

The Board denied the appellant's request for apportionment of her husband's VA disability compensation benefits on behalf of their minor child due to the Veteran not residing with them and being unable to discharge his responsibility for support, combined with the Veteran's low income and the amount required for child support payments.

The Veteran's back condition, characterized by post-operative hemilaminectomy, discectomy and formaninotomy at L4-L5 and L5-S1 with recurrent herniated nucleus pulposus, is currently rated as 20 percent disabling. The Board found that the evidence did not support a higher rating due to lack of medical evidence indicating incapacitating episodes or bed rest prescribed by a physician.

The Board has granted service connection for inverted papilloma, finding that the Veteran's current condition is related to his service. Service connection was denied for cancer of the bronchus due to lack of a current diagnosis.

The Veteran's appeal is being remanded to obtain additional medical records and for a comprehensive examination to determine the cause of his left eye cataract and dizzy spells.

The Veteran's claim for service connection for PTSD, claimed as the result of a personal assault in service is being remanded due to insufficient evidence regarding the occurrence of the alleged assault and whether his current PTSD is related to that event.

The Veteran seeks service connection for bilateral leg and foot disorders, which he claims began during active military service. The Board finds the existing VA examination inadequate and requests a new one to determine if these conditions are related to service.

The Veteran was awarded a 10 percent rating for urethral stricture and noncompensable ratings for healed fractures of the pubic ramus and right patella effective November 9, 1967. The claimant is seeking an earlier effective date for this award.

The Board found that the Veteran's claimed dental trauma to teeth 5, 6, 11, 12, 21, 22, 27, and 28 was not due to in-service trauma and denied service connection for these conditions.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred from December 26, 2005 through January 6, 2006 was denied as he had health insurance coverage that covered a portion of the expenses.

The Board has remanded the case for further development and consideration, including considering a private medical opinion and the appellant's statement.

The Veteran's claim for an increased evaluation of his service-connected psychoneurosis, conversion hysteria was denied by the RO. The disability has been rated at 10 percent since August 1948.

The Veteran's lung condition is not service-connected as it was not incurred or aggravated during his active duty service. The Board found no current diagnosis of a lung disability and noted that the Veteran's service treatment records did not support finding that he had any asbestos exposure while in-service.

The Veteran's epididymal tumor and varicocele were rated as noncompensable due to the lack of symptoms requiring long-term drug therapy, hospitalization, or intensive management.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses incurred in July 2006 at a private medical facility was denied as he had health coverage with Blue Cross and Blue Shield, which negated his eligibility for such reimbursement.

The Board has determined that no new and material evidence was received to reopen the claim for non-service-connected death pension benefits, as the appellant's spouse did not have qualifying service under VA regulations.

The Veteran's cause of death, metastatic adenocarcinoma, is found to be related to his in-service exposure to herbicide agents during service in Korea. Service connection for the cause of death under the provisions of 38 U.S.C.A. § 1310 is granted.

The Veteran's death was not caused by VA medical care, and the Board finds that DIC benefits under 38 U.S.C.A. § 1151 for staphylococcus sepsis resulting from VA hospitalization are denied.

The Board denied the appellant's claim for basic eligibility to VA benefits due to a lack of service with the U.S. Armed Forces, and therefore he may not be recognized as a veteran for purposes of VA benefits.