Other conditions decisions — 2009

The Board found that the Veteran's cancer of the tongue and tonsil did not begin during service or be related to herbicide exposure, thus denying his claim for service connection.

The Veteran's claim for an initial compensable evaluation for a bilateral shin condition is denied due to his failure to report for a scheduled VA examination without good cause.

The Veteran's residuals of a left mandible fracture do not involve severe displacement or limited motion, and the alveolar bone loss is secondary to periodontal disease. Therefore, his current evaluation of 10 percent for this condition remains appropriate.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at Mt. Diablo Medical Center on October 17, 2003 due to severe chest pain and shortness of breath. The case is remanded for further development.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted effective from September 8, 2003. The Board found that no earlier effective date could be assigned as the evidence did not show current service-connected unemployability prior to July 8, 2003.

The Veteran's service-connected residuals of a perforated right eardrum are already assigned the maximum (noncompensable) rating, and no higher rating is warranted.

The Veteran's service-connected terminal compliment deficiency (C6) with history of meningococcemia does not result in any compensable residuals. The Board finds no evidence of recurrent infections or other ongoing symptoms attributable to this condition.

The Veteran's disability has been manifested by subjective complaints of constipation and discomfort; frequent episodes of bowel disturbance, peritoneal adhesions, or ulcerative colitis have not been shown. Therefore, a compensable rating is not warranted.

The Veteran's claims for service connection for fatigue, memory loss, and chest pain as undiagnosed illnesses are being remanded for further development.

The Veteran's service-connected post-phlebitic syndrome is currently rated at 20 percent, and the evidence does not support a higher rating.

The Veteran's dermatophytosis of both feet and the right lower leg with onychomycosis has been rated at 30 percent since February 22, 2008. The scars have remained at a 10 percent rating.

The Veteran's claim for an earlier effective date for a 10 percent disability rating for abdominal gunshot wound residuals is denied as the earliest date of service connection was February 14, 1970.

The appellant is not considered the Veteran's surviving spouse for VA death benefits purposes.

The Board has determined that the Veteran's bladder cancer is related to his active duty service and grants the claim for service connection.

The Veteran's lumbar spine disability, which includes spondylolisthesis with degenerative changes, post-operative fusion and diskectomy, is currently rated at 20 percent. The appeal has been resolved in favor of the VA as the claim for a higher initial rating was denied.

The Board has determined that the appellant did not have qualifying service to establish veteran status, and therefore is not eligible for VA benefits.

The Board has denied the Veteran's claims for service connection for malaria and a bilateral eye disability due to lack of current disabilities, respectively.

The Veteran's prostate disability was reduced from a 100 percent rating to a 20 percent rating effective July 1, 2007. The Board found that the reduction was proper and denied his claim for an increased rating.

The Board has determined that the Veteran's current bilateral elbow disability is not related to his active duty service and therefore denied his claim for service connection.

The case is being remanded for the appellant to clarify whether she wants a videoconference or Travel Board hearing, and then to be scheduled accordingly.