Other conditions decisions — 2009

The Board has determined that the Veteran's current neck disorder is not related to his military service and denied his claim for service connection.

The Veteran's claim for payment of unauthorized medical expenses incurred in December 2003 was denied as he did not meet the eligibility criteria under VA regulations.

The Veteran's appeal is being remanded due to missing VA and private medical records. The case will be returned for further evaluation of his service-connected aortic valve replacement condition.

The Board found that the appellant was not entitled to recognition as the surviving spouse of the Veteran for purposes of establishing eligibility for VA dependency and indemnity compensation (DIC) benefits due to her divorce from the Veteran prior to his death.

The Board has granted service connection for recurrent cellulitis and chronic venous insufficiency of the left leg, finding that these conditions are related to symptoms first manifesting during active duty.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a left foot ulcer was denied, and the claims to reopen service connection for residuals of poliomyelitis involving the left lower extremity and residuals of a left Achilles tendon injury were also denied.

The Board has determined that the appellant's remarriage does not bar her from receiving dependency and indemnity compensation (DIC), but she is barred from receiving VA death pension and accrued benefits.

The Board has decided to remand the case for further development, including obtaining a VA dental examination and ensuring proper VCAA notice.

The Veteran's service-connected right ring finger disability is currently manifested by complaints of pain. However, the evidence does not show that his condition has worsened to warrant a compensable rating under the applicable diagnostic codes.

The Veteran's right shoulder disability, characterized by recurrent dislocation and arthritis, is rated at 30 percent under the criteria for limitation of motion. The rating reflects his impairment in arm abduction and internal rotation.

The Board has determined that further development is needed to determine the appellant's need for regular aid and attendance of another person or by reason of being housebound.

The Veteran's claim for an annual clothing allowance was denied as the evidence did not show that his service-connected athlete's foot caused damage to his outergarments, and there was no certification from the Chief Medical Director or designee.

The Board has remanded the case due to incomplete medical records and the need for a VA medical opinion regarding whether service-connected disabilities contributed to the Veteran's death.

The Veteran's unauthorized medical expenses at Denver Health Medical Center were denied as the care was not rendered for a service-connected disability or one associated therewith.

The Veteran's claims for service connection for breast cancer and increased evaluations for her fibrocystic breast disease, de Quervain's disease of the wrists, and TDIU are being remanded due to the need for additional medical examinations.

The Board has determined that the Veteran's current right leg disability was not incurred in or aggravated by active service and denied his claim for service connection.

The Board denied a separate rating for neurological manifestations of the Veteran's service-connected chronic musculoskeletal back pain, finding no evidence of any additional neurological deficiency warranting a separate disability rating.

The Board is remanding the case for additional development due to insufficient notice regarding the need to submit new and material evidence to reopen the claim.

The Board denied service connection for numbness of the lower extremities and denied a rating in excess of 40 percent for postoperative herniated intervertebral disc at L4-L5 on the right.

The Veteran seeks service connection for neck pain. The Board has remanded the case to obtain an opinion on whether her current neck disability is traceable directly to military service or caused by a service-connected right shoulder disability.