Other conditions decisions — 2009

The Veteran's appeal is being remanded for further development, including scheduling a personal hearing before the Board.

The Veteran seeks payment or reimbursement for unauthorized medical expenses incurred at Warren General Hospital on January 12, 2007. The VAMC denied the claim due to lack of authorization and because VA facilities were not feasibly available.

The Veteran's unauthorized medical expenses incurred at Legacy Meridian Park Hospital and Pacific Heart Associates on June 9, 2007 are approved as the treatment was for an ongoing emergency.

The Board has remanded the case for further development to determine if the Veteran's T12 myelopathy with bowel and bladder paralysis due to intervertebral disc syndrome is related to his service, including a lifting injury in 1988 and spinal tap and blood patch procedures in 1986.

The Veteran's squamous cell carcinoma of the left base of the tongue was not manifest in service or to a degree of 10 percent within one year of service separation, and is unrelated to any incident of service origin, including Agent Orange exposure. The Board denies service connection for this condition.

The Veteran is seeking a higher rating for his service-connected right tibia and fibula fracture, which currently results in a 10 percent evaluation. The claim is being remanded to consider additional disabilities such as decreased calf size, mild intermittent paresthesia, hyperpigmentation, and chronic tenderness.

The Veteran's right knee chondromalacia and arthritis are currently rated at 10 percent, while his left knee condition is also rated at 10 percent. The Board has determined that the current ratings adequately reflect the severity of the Veteran's service-connected knee disabilities.

The Board found that the Veteran's current right eye disability was not incurred in or aggravated during service and denied his claims for service connection.

The Veteran's disability of residuals of cold injury in both hands is currently rated as 10 percent disabling. The Board found no evidence to warrant a higher rating based on the objective medical findings and subjective complaints.

The Veteran's claim for an initial rating in excess of 10 percent for residuals of a shell fragment wound of the groin was denied by the Board, as his condition is currently manifested by moderate injury to Muscle Group XV.

The Board has remanded the case due to procedural issues and needs to provide proper notice as required by the Veterans Claims Assistance Act of 2000.

The Board has determined that a 20 percent rating is warranted for the Veteran's myositis ossificans of the right anterior thigh due to flare-ups, swelling, and pain.

The Veteran's gouty arthritis is rated at 20 percent, the maximum rating available under VA regulations. The service-connected inguinal hernia scar does not meet criteria for a compensable evaluation.

The Veteran's claims for ratings in excess of 30 percent for right and left foot disabilities, as well as a claim for TDIU, were denied by the RO.

The Board denied an apportionment of the veteran's compensation benefits on behalf of the appellant's minor child due to conflicting evidence regarding the child's paternity and lack of sufficient evidence in the record.

The Board has determined that the Veteran's emphysema and other respiratory disorders are not related to his military service, and thus denied his claim for service connection.

The VA determined that there is no evidence to support a finding of service connection for the appellant's skin disorder.

The Board has determined that the Veteran's claimed spinal injury to the neck did not occur in service and is not related to any incident of service. As a result, the claim for service connection is denied.

The Veteran's service-connected cold injury residuals do not meet the criteria for specially adapted housing or special home adaptation grant as he does not have loss of use of both lower extremities.

The Veteran's prostate disorder and lung mass claims are denied. The claim for service connection for left knee injury, skin disorder, and cranial disorder is not reopened.