Other conditions decisions — 2009

The Veteran's appeal for a TDIU is being remanded due to the need for additional evidence and notification of possible representatives.

The Veteran's appeal is being remanded due to the need for a new VA examination of his left foot condition, which has allegedly worsened since his last examination in February 2006.

The Veteran's death was allegedly caused by a delay in receiving medical treatment at the Gainesville VA Medical Center, which contributed to his condition and eventual demise. The Board has ordered additional development of records from August 19 to September [redacted], 2005.

The Veteran's case is being remanded for further evaluation to determine if he needs regular aid and attendance or is housebound.

The Board found that the Veteran's residuals of a motorcycle accident, including left hemiparesis and intermittent syncopal episodes, are not proximately due to or aggravated by his service-connected malaria. Therefore, the claim for service connection is denied.

The Board is remanding the case to obtain tissue samples and a pathology report related to the Veteran's poorly differentiated carcinoma, as it remains unclear what caused his cancer.

The Veteran's death was not due to service-connected causes, and the appellant seeks DIC benefits under 38 U.S.C.A. § 1318. The claim is denied as the Veteran did not meet the criteria for a total disability rating based on individual unemployability (TDIU) prior to his death.

The Board denied the Veteran's claim for service connection for nasopharyngeal squamous cell carcinoma, finding no evidence of a nexus between his military service and the condition. The cause-of-death claim was also denied as there was no service-connected disability at the time of death.

The Board denied the appellant's claim for VA death benefits as her husband did not have qualifying service, and no new and material evidence was submitted to reopen the claim.

The Board found no evidence linking the Veteran's current low back condition to his service, and denied his claim for service connection.

The Veteran's low back disability, characterized as history of spondylolysis, L5, with mechanical low back pain, was rated at 20 percent prior to September 26, 2003. Since then, the medical evidence does not show any forward flexion findings of the thoracolumbar spine that are 30 degrees or less, any objective compensable neurological manifestations associated with his service-connected low back disability, or any ankylosis of the thoracolumbar spine.

The Veteran's appeal is being remanded for additional development, including securing his VA vocational rehabilitation folder and any updated SSA records. The case will be readjudicated with consideration of the applicable regulations.

The Veteran's death was not due to willful misconduct, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses from July 17, 2007 to July 18, 2007 is being remanded due to the need for further evidentiary development and reconsideration.

The Veteran's service-connected coccidioidomycosis is asymptomatic and not characterized by chronic pulmonary mycosis with symptoms such as occasional minor hemoptysis or productive cough. The Board finds that the preponderance of evidence does not support a compensable rating for this condition.

The Board has denied the Veteran's claims for an increased rating for her low back disability and TDIU, finding no current right hip disability. The evidence does not support a finding of service connection for these conditions.

The Veteran's claims for service connection for bleeding gums and thalassemia trait have been denied. The issues of increased rating for left knee arthroscopy (prior to February 14, 2007), separate compensable rating for left knee limitation of extension, initial rating in excess of 10 percent for plantar keratoses of both feet, and TDIU are moot as the Veteran's total disability due to service-connected chronic fatigue syndrome with depression and fibromyalgia has been established.

The Veteran is seeking payment or reimbursement for unauthorized medical expenses incurred at a private hospital on June 18, 2006. The appeal has been remanded to the RO via the Appeals Management Center (AMC).

The Veteran's claim for an increased rating for hallux valgus of the right foot was denied as the disability has been assigned the maximum schedular rating during the appeal period.

The Veteran's claim for an initial rating in excess of 10 percent for a right lower leg peroneus brevis fascial defect from June 4, 2002 was denied by the Board.