Other conditions decisions — 2009

The Board has determined that the appellant does not have diverticulitis and that his partial colectomy is unrelated to in-service manifestations. Therefore, service connection for both conditions is denied.

The Board found that the Veteran's cerebral vascular disability with recurrent strokes and aneurysm was not incurred in or aggravated by active service, nor may it be presumed to have been incurred or aggravated therein. The claim for service connection was denied.

The Veteran's left great toe fracture with traumatic arthritis is currently rated at 10 percent, and the claim for an increased rating has been granted.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the withdrawal of the appeal by the Veteran.

The Veteran's unauthorized medical expenses for abdominal and left flank pain were denied as he had no service-connected disabilities, did not meet the requirements of 38 U.S.C.A. § 1725, and was covered by health insurance.

The Board has ordered the VA to obtain medical records from Baptist Memorial Hospital in Gadsden, Alabama, related to the Veteran's treatment prior to his death. The case will be remanded for further development and consideration.

The VA has determined that the appellant's income from Social Security Administration (SSA) benefits, after accounting for unreimbursed medical expenses and other exclusions, exceeds the maximum annual income limitations for improved death pension benefits in 2006 and 2007. Therefore, she is not eligible for these benefits.

The Board has determined that the Veteran's current cardiovascular disability, claimed as a heart murmur, did not result from an in-service disease or injury and is not otherwise related to service. As such, service connection for this condition cannot be established.

The Veteran's spondylosis/arthritis of the cervical spine is likely related to his in-service motor vehicle accident, and the Board finds service connection for this condition is warranted.

The Veteran is seeking compensation for squamous cell carcinoma of the larynx under 38 U.S.C.A. § 1151 based on treatment received at the Altoona VA Medical Center (VAMC). The Board has determined that a remand is necessary to obtain an opinion regarding whether improper VA treatment caused or contributed to the Veteran's documented laryngeal cancer.

The Veteran's unauthorized medical expenses incurred from December 8, 2005 to December 10, 2005 were denied as the treatment was not rendered in a medical emergency and VA facilities were feasibly available for care.

The Veteran's appeal is being remanded due to the need for a personal hearing before a member of the Board.

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

The Veteran's appeal is remanded due to the need for a new VA examination to assess the severity of his left hip disability following total hip arthroplasty. The current evaluation of 70 percent will remain in effect until further notice.

The Veteran's appeal for VA education benefits was denied because the Tallahassee campus of the Aveda Institute was not approved by the state approval agency or VA as a VA-approved educational institution.

The Board found no evidence to support a connection between the Veteran's military service and his death, specifically attributing it to cardiac arrest due to hypotension and acidosis resulting from esophageal cancer.

The Veteran's unauthorized medical expenses for treatment at Soldiers & Sailors Memorial Hospital on July 11, 2008 were denied as he did not meet the eligibility criteria under VA regulations.

The Board restored the Veteran's 10 percent rating for fungal infection of the feet, with onychomycosis of both great toenails, finding that there was no improvement in his condition and thus warranting restoration.

The Board has determined that the Veteran is entitled to service connection for residuals of treatment for a pilonidal cyst, finding that there is at least equipoise evidence supporting this claim.

The Veteran's claim of service connection for an autoimmune disease, to include SLE, was denied as his failure to report for a VA examination deemed necessary to determine the etiology of his claimed condition requires that this claim must be denied as a matter of law.