Other conditions decisions — 2009

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at the Palms of Pasadena Hospital from August 25, 2003 to August 27, 2003 is granted due to VA authorization under the Veterans Millennium Health Care and Benefits Act.

The Board denied the appellant's claim of entitlement to service connection for the cause of her husband's death, finding that glioblastoma multiforme was not incurred in or aggravated by active duty service and was not etiologically related to his exposure to Agent Orange. The preponderance of evidence is against the appellant's claim.

The Veteran's appeal includes claims for service connection for various conditions, including gout and arthritis of the extremities, anemia, diverticulosis, coronary artery disease, peripheral vascular disease, osteoarthritis of the hips, legs, feet, arms, and shoulders. He also seeks to reopen a previously denied claim for service connection for hives.

The Veteran's skin condition, specifically dermatophytosis, has been rated at 10 percent. The Board is remanding the case for further development to determine if systemic therapy such as corticosteroids or other immunosuppressive drugs have been required for a total duration of six weeks or more during the past 12-month period.

The Board has determined that the VA examination did not comply with the February 2007 remand directive and thus the case is being returned for further development.

The Veteran's service-connected dermatographism does not meet the criteria for a compensable disability rating as it has not involved at least 5 percent, but less than 20 percent, of the entire body or exposed areas. The Veteran's corn/callosity of the right little toe is rated as moderate.

The Veteran's daughter, A.B., was born in March 1970 and attained the age of 18 in March 1988. At that time, she did not suffer from a physical or mental defect rendering her permanently incapable of self-support.

The Veteran's claim for an increased evaluation of his residuals of a laceration of the left calf with muscle loss is granted, and he is now rated at 20 percent.

The Board found that the appellant's current pancreatitis is not attributable to service, as there was no evidence of abdominal injury during or immediately after his in-service chest trauma. The Board also noted a 15-year gap between the appellant's separation from service and the diagnosis of pancreatitis.

The Board found that the appellant and the Veteran were never married, thus denying her claim for recognition as his surviving spouse.

The Board has remanded the case for further development, including scheduling a VA examination to determine if any sleep disorder is related to the veteran's service-connected irritable bowel syndrome.

The Board has denied the Veteran's claim for reimbursement of educational assistance benefits due to a lack of clarity regarding whether the Utah EMT-B Practical Test is required by State or local law or regulation for an individual to enter into, maintain, or advance in employment as a firefighter/EMT.

The Board has determined that the Veteran's otitis media does not meet the criteria for a compensable disability rating, and thus denied his claim.

The Board has determined that the appellant does not have qualifying service as a Veteran and therefore is not eligible for VA benefits.

The Veteran's right elbow disability has been rated as 10 percent disabling, but the Board found that it does not warrant a higher rating based on current symptoms and medical evidence.

The Veteran's appeal is dismissed due to the death of the appellant, which has rendered the case moot.

The Board has found that the Veteran's phlebitis and lymphadenopathy in the upper extremities are related to service, granting his claim for service connection.

The Board found that the Veteran's bladder cancer is not related to his active military service, including to in-service herbicide (Agent Orange) exposure and denied the claim for service connection.

The Board has determined that the effective dates for the current disability ratings of the service-connected gastrointestinal disorder and reflex sympathetic dystrophy are not earlier than September 9, 1996 and December 11, 2000 respectively.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for a videoconference hearing.