Other conditions decisions — 2009

The Board has denied the Veteran's claim of entitlement to non-service connected pension benefits, finding that no new and material evidence was submitted since the last final denial in February 2002.

The appellant submitted timely notices of disagreement regarding the denial of her accrued benefits claim for unreimbursed medical expenses. The Board finds that she filed a valid NOD and grants this issue, as the underlying service connection is decided on the merits.

The Board has granted service connection for adenomyosis and uterine fibroids, status post hysterectomy, as secondary to the Veteran's service-connected salpingitis. Service connection for a right ovarian cyst, status post oophorectomy, is also granted. The temporary total disability evaluation under 38 C.F.R. � 4.30 for July 2005 surgical treatment requiring convalescence is granted.

The Veteran's service-connected right elbow fracture residuals are not manifested by ankylosis, flexion limited to 90 degrees or less, extension limited to 75 degrees or more, flail joint, nonunion of the radius and/or ulna, impairment of the ulna with marked deformity, impairment of the radius with marked deformity, limitation of pronation with motion lost beyond the last quarter of the arc, or loss of supination or pronation due to bone fusion. Therefore, his current rating of 10 percent is denied.

The Board denied service connection for blood in urine and granted noncompensable evaluations for residuals of fracture of the right little finger, left knee disability with degenerative joint disease, and bilateral flatfeet with degenerative joint disease.

The Board has determined that the Veteran's hospitalizations were for medical emergencies and VA facilities were not feasibly available.,The Veteran is entitled to reimbursement for private medical expenses incurred at Saint Francis Hospital during the specified periods.

The Veteran's service connection claim for acute myelogenous leukemia is granted as it was incurred in or aggravated by military service. The claim for compensation under 38 U.S.C. § 1151 is denied due to lack of causation.

The Board has decided to remand the case for further development and an examination, as there is insufficient information regarding the Veteran's exposure to asbestos during service and his current respiratory disorder.

The Veteran's claims for increased ratings and extension of a temporary total disability rating were denied. The RO found that the Veteran did not meet the criteria for an initial or staged rating in excess of 10 percent from October 22, 2005, for his service-connected right and left Achilles tendonitis with Haglund's deformity. The postoperative residuals of the Veteran's left ankle surgery were also rated as no more than moderate. A painful scar resulting from a surgical repair was assigned a separate rating.

The Board denied the appellant's request for reimbursement of unauthorized medical expenses incurred by the service member at Lakeland Regional Medical Center from April 3, 2006, to April 5, 2006, and from April 17, 2006, to April 22, 2006. The denial was based on the absence of prior authorization for payment and the fact that VA facilities were feasibly available.

The Board has determined that the appellant's right leg deep vein thrombosis was incurred during active service, specifically while on Active Duty for Training (ACDUTRA) in June 2006. The claim is granted.

The Veteran's appeal is being remanded to the RO for a Travel Board hearing before a Veterans Law Judge at the Regional Office.

The Veteran's appeal for request for waiver of indebtedness was timely, and the Board has granted it.

The Board found that the Veteran's current arthritis is not related to his service-connected Reiter's syndrome, and thus denied the claim for service connection.

The Veteran's claims for increased ratings were granted, but the initial compensable rating for her allergic reaction to non-steroidal anti-inflammatory medication was denied. The other claims for increased ratings for lumbosacral strain with DJD and hip dysplasia were granted.

The Veteran's service-connected bilateral varicose veins do not prevent him from securing and following a substantially gainful occupation.

The Veteran's skin disorder of the feet and hands is rated as 30 percent disabling, which is the maximum evaluation available under current rating criteria. The RO has not assigned a higher initial evaluation for GERD.

The Veteran's service records show treatment for variously diagnosed residuals of exposure to solvents and chemicals, including arthralgia, possibly environmentally induced; nonspecific chemical reaction with myalgias and arthralgias; Stoddard solvent toxicity with polyarthralgia, and Stoddard chemical hypersensitivity. A VA examiner has specifically related the Veteran's 'prolonged exposure to [those] solvents most likely caused the protean signs and symptoms of shooting pains in the chest [and] extremities, and it also caused easy tiredness or fatigue and occasional hypersomnolence.' The Board finds that the Veteran's residuals of exposure to solvents were incurred during his active service.

The Board found that the Appellant's DIC was properly discontinued due to her status as a fugitive felon resulting from violating probation conditions for a felony conviction. The appeal is denied.

The Veteran's claim for a rating in excess of 40 percent for residuals of a penetrating shell fragment wound to the right posterior chest and upper abdomen was denied as his disability did not meet the criteria for a higher rating.