Other conditions decisions — 2009

The Veteran's claims for restoration of a 100% rating for squamous cell carcinoma of the lungs and special monthly compensation based on total service-connected disability with additional service-connected disabilities independently ratable as 60 percent are being remanded due to the need for further medical records regarding his lung cancer treatment.

The Board has determined that the left brachial plexopathy, including palsy, resulting from VA surgery on July 12, 2006, is a foreseeable consequence of the surgery and thus warrants compensation under 38 U.S.C.A. § 1151.

The Veteran is seeking an increased evaluation for her service-connected left sartorius strain at the anterior iliac spine, refractory. The RO's May 2007 rating decision granted service connection at a noncompensable evaluation for this condition effective from October 2005. The Veteran continues to seek a higher initial evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining vocational rehabilitation records and scheduling a VA examination to assess his employability due to service-connected disabilities.

The Board has granted a compensable rating (30%) for the service-connected respiratory disorder, histoplasmosis, based on chronic pulmonary mycosis with occasional productive cough.

The Veteran's residuals of navicular osteotomy and osteoplasty of the right foot are currently rated as 10 percent disabling, with no significant effect on employment. His migraine headaches and GERD have been assigned compensable ratings.

The Board denied the Veteran's claim for an earlier effective date for payment of additional compensation benefits due to his dependent spouse, finding that he did not submit necessary information until March 21, 2006.

The Board denied retroactive payment of Dependents' Educational Assistance benefits for the period from August 24, 2003, through March 6, 2004, finding that the appellant did not file his application within one year after the date of receipt of the Veteran's eligibility determination.

The Board found that the Veteran's pre-existing congenital hypoplasia of his feet did not worsen during service, and thus denied his claim for service connection.

The Board denied the appellant's claim for payment or reimbursement of unauthorized medical services provided by Aspen Dental, finding that the dental treatment did not meet the criteria for emergency treatment and that VA facilities were feasible alternatives.

The Board has determined that the appellant's overpayment of $6,391.04 for education benefits under Chapter 35 Dependents' Educational Assistance Program should be waived due to lack of fault on her part and undue financial hardship.

The Board denied the appellant's claim for Dependents' Educational Assistance under Chapter 35, Title 38, United States Code due to her not meeting the requirements and because the law is dispositive.

The Veteran seeks payment or reimbursement for unauthorized medical expenses incurred at Mother Frances Hospital due to an emergent need for a cardiac catheterization for congestive heart failure. The appeal is remanded as the VA Medical Center in Dallas did not provide clear evidence of unavailability of space in their Intensive Care Unit on December 22, 2006.

The Veteran's claim for payment of unauthorized medical expenses is denied as there was no prior authorization and the condition stabilized by May 23, 2007.

The Board found that the Veteran's right leg disorder was not incurred in service and denied his claim. The issue of reopening the stomach disorder claim is also addressed.

The Board denied the Veteran's request to reopen his claim for service connection for phlebitis of the left leg, finding that the evidence submitted was not new and material.

The Board has reopened the Veteran's claim of entitlement to service connection for a right leg disability and granted it. The Veteran's testimony at his September 2009 hearing, along with his STRs showing his fall in service, raised a reasonable possibility of substantiating this claim.

The Board has determined that the Veteran's varicose veins do not warrant a rating higher than 10 percent for either the left or right lower extremity, as they are manifested by symptoms relieved by elevation of the extremities.

The Veteran's death was not caused by VA hospital care, medical or surgical treatment. The underlying conditions and poor nutritional status contributed to his death.

The Board has remanded the case for additional development, including scheduling a video hearing and obtaining vocational rehabilitation records.