Other conditions decisions — 2009

The Board has determined that the Veteran's bilateral defective hearing does not meet the criteria for a compensable evaluation, and thus denied his claim.

The Veteran is blind in the left eye due to a cataract surgery performed by VA on October 11, 2001. The Board finds that the VA surgeon deviated from reasonable standard of care by not immediately referring the Veteran to a retinal specialist as soon as possible after the surgery.

The Veteran's ulcerative colitis was rated at 10 percent prior to November 19, 2004 and at 30 percent beginning November 19, 2004.,For the initial rating period from November 19, 2004 onwards, a higher rating of 60 percent was granted.

The Board has remanded the case for additional development to determine if the Veteran's shin splints and bronchitis are related to his military service, including due to an undiagnosed illness. The VA will obtain pertinent records and conduct examinations.

The Board found that the Veteran's acute myelogenous leukemia, a presumptive radiogenic disease, was not at least as likely as not related to his in-service exposure to ionizing radiation. The RO denied service connection for the cause of the Veteran's death.

The Veteran's claim for service connection for residuals of injury to the right hand, claimed as loss of motion of 1st, 3rd and 4th digits, was denied because there is no competent evidence establishing a current disability or medical nexus between his in-service injury and any diagnosed conditions.

The Veteran's service is not considered active duty during a period of war, and thus does not meet the legal requirements for nonservice-connected pension.

The Veteran's claim for service connection for an acquired psychiatric disorder, other than PTSD, as secondary to a service-connected right knee disability is being remanded for additional development.

The Veteran's osteomyelitis of the right foot was not incurred in or aggravated by service, and is not proximately due to or the result of a service-connected disability. The issue of entitlement to an increased rating for residuals of a gunshot wound of the right foot has been withdrawn.

The Veteran's increased rating for myositis of the neck from noncompensable to 10 percent was granted, but this increase did not affect his overall combined disability rating due to other service-connected conditions. The Veteran's sinusitis remains rated as noncompensable.

The Board has decided to remand the case for further development regarding whether the appellant is a proper claimant under specific eligibility criteria.

The Board has determined that the appellant's net worth is sufficient to meet her living expenses, and thus she does not qualify for VA nonservice-connected death pension benefits.

The Veteran's service-connected breast lump and bilateral gynecomastia are currently rated as 10 percent disabling, which is the highest rating available under the applicable diagnostic codes. The Board has determined that this represents his greatest level of functional impairment attributable to these conditions since the date his claim was filed.

The Board finds that the Appellant's countable income did not exceed the maximum annual pension rate (MAPR) as of June 1, 2007. Therefore, she is entitled to death pension benefits from June 1, 2007 to January 1, 2008.

The Veteran's claim for an extension in excess of 79 days of the delimiting date for educational assistance benefits under Chapter 30 is denied as there is no medical evidence to clearly establish that it was not medically feasible for her to pursue a program of education during the relevant period.

The Board has remanded the case for a VA examination to determine if the appellant requires regular aid and attendance or is housebound due to disabilities. The claim will be reconsidered based on the new evidence.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA facility on November 14, 2000 was denied because the claim was not filed within 90 days of July 19, 2001.

The Board has determined that the Veteran's hydrocephalus is related to service, and thus granted his claim for service connection.

The Veteran's claims for increased disability ratings for corns and calluses of the left and right feet were denied. The Board found that the evidence did not meet the criteria for a higher rating.,The Veteran's claim for TDIU was also denied, as his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's unauthorized medical expenses incurred from May 4-10, 2009 are denied as the treatment was not for a service-connected disability and he has coverage under Medicare.