Other conditions decisions — 2009

The Veteran's heat exhaustion and residual heat intolerance are manifested by subjective complaints such as headaches, nausea, and dizziness. The Board has determined that a compensable evaluation of 10 percent is appropriate under Diagnostic Codes 8045-9304 for these symptoms.

The Veteran's claim for an effective date earlier than December 8, 2005, for the grant of service connection for adenocarcinoma of the prostate was denied. The RO granted service connection with a 100% schedular evaluation as of December 8, 2005, which is the date of receipt of his claim.

The Veteran's claim for payment or reimbursement of unauthorized medical care expenses incurred at Lakeland Regional Medical Center from March 7 to March 9, 2004 was denied because the treatment did not meet the criteria for emergency services and he could have been safely transferred to a VA facility.

The Board found that the Veteran's claim for an earlier effective date for additional compensation benefits for his spouse was denied because he did not provide complete and consistent information regarding his and his spouse's marital history within one year of being requested to do so.

The case is being remanded to the VA Medical Center in Ann Arbor, Michigan for further action due to issues with representation.

The Board denied the Veteran's request to change his vocational rehabilitation plan to pharmacist under Chapter 31 provisions due to lack of clarity on what benefits he desires and because he did not wish to move or work in Nevada where he had obtained his pharmacy licensure.

The Veteran's income exceeded the maximum annual pension rate, preventing him from receiving housebound pension benefits.

The Board has remanded the case back to the RO for readjudication consistent with a Joint Motion for Remand, which agreed that a remand was necessary to allow the Board to reconcile its finding of actual employability despite service-connected disabilities.

The Board denied an increased disability rating for the veteran's service-connected muscle injury to Muscle Group XIV (left thigh) and did not address entitlement to TDIU.

The Veteran's onychomycosis of the toenails is found to be related to symptoms he experienced in service, and the Board grants service connection for this condition.

The Board has remanded the case for further development due to missing service records and a need to search for additional relevant in-service records or records proximate to the Veteran's May 1950 service discharge.

The Board has remanded the case due to incomplete records and a need for further examination.

The Veteran's appeal was denied for the issues of entitlement to initial compensable ratings for diffuse alopecia, peripheral neuropathy of both legs and feet, and tinea unguium with tinea pedis. The Board found that the criteria for a higher rating were not met.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for a perforated eardrum, as the evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Board found that the appellant's right ear otitis media is at least as likely as not related to his active service, and granted service connection for this condition.

The Veteran's claim for an initial rating in excess of 10 percent for residuals of a right thigh injury was denied as the evidence did not show additional functional limitation due to pain or other factors.

The Veteran's claims for service connection for fatigue and memory loss as due to an undiagnosed illness were denied. The Board found that his complaints of fatigue have been attributed to nonservice-connected insomnia and depression, and are not shown to be related to disease, injury or event in service.

The Board denied the Veteran's claim for basic eligibility for non-service-connected disability pension benefits, finding that his period of honorable active duty during peacetime did not meet the basic eligibility requirements and that his character of discharge from his second period of active duty, which ended with a discharge under other than honorable conditions, barred him from VA benefits.

The Board has found that the Veteran's current left leg disorder is related to an injury in service, and thus grants service connection for this condition.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for postoperative residuals of jejunum resection for intussusception at the mid-jejunum. The Veteran's condition is considered a post-service occurrence, and there is no evidence linking it to his military service.