Other conditions decisions — 2009

The Veteran's claim for an increased rating for residuals of fracture of the left femur was granted, with a 60 percent rating assigned. The claim for shortening of the left lower extremity also resulted in a grant of benefits.

The Board has determined that the Veteran's currently diagnosed residuals of cold injury to the feet were incurred in service and granted service connection for these conditions.

The Board determined that the appellant did not meet the criteria to be recognized as the Veteran's surviving spouse for VA death benefit purposes due to a lack of continuous cohabitation from the date of their July 1998 marriage ceremony until the Veteran's death in December 2003.

The Veteran's compensation benefits were reduced due to incarceration, but the Board is remanding the case for further development of his participation in any release programs during his incarceration.

The Board has determined that there is no evidence of current right hand or forearm disorders related to the Veteran's military service. As a result, the claims for service connection are denied.

The Board has determined that the appellant's discharge from service was under dishonorable conditions due to unauthorized absence without leave (AWOL) for more than 180 days, and thus constitutes a bar to VA benefits.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is denied as there is no showing of fault on the part of VA in the performance of surgeries from 1995 to 2002.

The Board has determined that the appellant's right wrist injury, claimed as a status post intraarticular fracture of the right distal radius, is proximately due to or the result of his service-connected scoliosis of the thoracolumbar area with muscle spasm. As such, service connection for this condition is granted.

The Board has determined that the Veteran does not have a current upper respiratory condition other than the one currently service-connected. Therefore, service connection for an upper respiratory disability is denied.

The January 1981 rating decision terminated the Veteran's entitlement to TDIU, effective April 1, 1981. The decision was based on a reduction in disability ratings for his service-connected conditions.

The Veteran's right breast cancer was not present in service or for many years thereafter and has not been shown to be related to service, including exposure to ionizing radiation, high energy radar, or chemicals. The Board denied the claim as there is no evidence of such exposures.

The Veteran's application for enrollment in the VA health care system was denied due to his assignment to Priority Group 8, which is not eligible for new enrollments after January 17, 2003. The Veteran did not provide evidence of prior enrollment before this date.

The Board has determined that the appeal is not timely and therefore, the claim for reimbursement of medical expenses incurred on June 10, 2003 is denied.

The Board denied the Veteran's claims for service connection for dermatofibroma of the right lower leg, onychomycosis and foot fungus, PTSD, peripheral neuropathy of the bilateral lower extremities, and TDIU.

The Veteran developed chronic pancreatitis after taking Depakote prescribed for his psychiatric disorder. The Board found that the use of Depakote was a reasonably foreseeable result and granted compensation under 38 U.S.C.A. § 1151.

The Board denied the appellant's claim for payment or reimbursement of unauthorized medical expenses incurred at the University of California Davis Medical Center from September 13, 2006 to October 31, 2006 due to the appellant having coverage under a health-plan contract with Allied Property and Casualty Insurance Company.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred in 2004 at Vanderbilt Medical Center is denied because he did not meet the requirement of having received VA care within 24 months preceding his treatment.

The Veteran's claim for special monthly pension based on aid and attendance/housebound status is being remanded due to the need for a new VA eye examination to determine if his visual field contraction is limited to 5 degrees or less.

The Board denied an increased rate of VA death pension benefits based on a timely claim for amendment of unreimbursed medical expenses from countable income for the calendar year 2006, as no such amendments were found to have been submitted in time.

The Veteran's service-connected right hip fracture with pinning is currently rated as 20% disabling, and the RO reduced this rating to non-compensable effective February 18, 1999. The residuals of removal of a right axillary tumor are currently rated as 10% disabling, and the RO reduced this rating to 20% effective March 26, 1999.,The Veteran's service-connected bilateral great toenail fungal infection with left toenail avulsion is not compensable. The residuals of a left bunionectomy are also not compensable.