Other conditions decisions — 2009

The Board has reopened the Veteran's claim and found new evidence that raises a reasonable possibility of substantiating his claim. However, the Board determined that there is no evidence showing that the Veteran's detached retinas were caused by or began during his military service.

The Veteran's claim for payment of unauthorized medical expenses incurred on September 13, 2005 at Alegent Health Lakeside Hospital is granted due to the presence of a medical emergency and the unavailability of VA facilities.

The Veteran's appeal is being remanded for additional development, including obtaining a new MRI and scheduling the Veteran for a VA examination to assess his spine disability.

The Veteran's appeal for a waiver of overpayment was dismissed due to his death.

The Board found that the Veteran did not have exposure to ionizing radiation during service, and thus could not establish service connection for squamous cell carcinoma of the right tonsil as a result of such exposure. The claim was denied.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from October 30 to November 15, 2003 due to lack of emergency condition and inability to safely transfer to a VA facility.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses at Wesley Medical Center on January 29, 2007 is denied. The Board found that the admission to Wesley Medical Center was a non-emergent situation and the nearest VA facility was feasibly available.

The Board denied the Veteran's claims for service connection for arthritis and bilateral hearing loss. The decision is based on a lack of evidence showing current diagnoses or in-service occurrences.

The Veteran's residuals of GSW of the right arm with muscle damage are assigned a protected 30 percent rating for moderately severe disability to Muscle Groups (MG)s V and VI, and there are small retained metallic fragments in the area of the acromioclavicular (AC) joint (MG IV) without additional muscular symptoms. The Board has determined that a higher 40 percent rating is warranted based on these findings.

The Board has ordered the RO to obtain a medical opinion from an oncologist that specializes in brain tumors regarding whether it is at least as likely as not that the Veteran's terminal brain tumor first manifested during his military service. The case will be reconsidered after this development.

The Board has determined that the appellant's breast cancer existed while she was on active duty, and thus service connection is granted.

The Veteran's unauthorized medical expenses for treatment at a private hospital were denied as no VA or other Federal facilities were feasibly available and an attempt to use them beforehand would have been considered reasonable by a prudent layperson.

The Board has determined that the Veteran's restrictive lung defect is as likely as not related to his in-service tuberculous meningitis with pulmonary involvement, and service connection for a pulmonary disorder is granted.

The Veteran developed Stevens-Johnson syndrome as a result of VA medical treatment in April 2003. The condition was not caused by carelessness, negligence, or lack of proper skill on the part of VA healthcare providers.

The Veteran is not entitled to an effective date earlier than July 17, 2003 for the grant of service connection for degenerative joint disease with limitation of motion of the left hand as there was no clinical evidence of this condition at the time of his original claim in February 2000.

The Veteran is granted an initial rating of 30 percent for his blepharitis, effective from the date service connection was established.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected residuals of fracture of the right fifth metatarsal.

The Veteran's residuals of a right elbow injury are not shown to meet the criteria for an initial compensable disability evaluation.

The Veteran's claim for a higher rating for his residuals of a shell fragment wound to the left anterior chest was denied as his condition did not warrant a rating in excess of 20 percent.

The Board found no evidence of a right leg disorder during service or for many years thereafter, and there is probative evidence against a link between the Veteran's current right leg disorder (varicose veins) and his military service. As such, the claim for service connection was denied.