Other conditions decisions — 2009

The Board has reopened the Veteran's claim for service connection for a spastic colon, but remands both claims of service connection for prolapsed rectum and dysentery due to lack of current evidence.

The Veteran's claim for service connection and VA compensation benefits under the provisions of 1151 for additional disability to teeth 22, 23, 25, and 26 due to dental treatment at a private dentist's facility was denied as there is no direct evidence of service connection or compensable disability.

The Board has ordered a remand due to the need for additional evidence and examination, including MRI results and EMG studies.

The Board finds that service connection for bilateral lower extremity nerve impairment is not warranted as the preponderance of the evidence of record does not support a current diagnosis.

The Veteran's dysthymic disorder has been manifested by moderate occupational and social impairment, but does not warrant a higher rating.

The Veteran's cancer of the vocal cord is not due to VA care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program. The claim for benefits under 38 U.S.C.A. 1151 has been denied.

The Veteran's lung disability, including pleural plaques, is being remanded for further examination and development due to the need for a VA respiratory examination.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran is seeking service connection for a paralyzed diaphragm. The Board has determined that further examination and opinion are needed to determine if the current condition may be related to his military service.

The Veteran's medical condition was stable 24 hours after admission to Southcrest Hospital, and there was no ongoing emergency requiring continued treatment at the facility. As a result, reimbursement for unauthorized medical expenses is denied.

The claim for payment of accrued benefits is denied as the application was filed more than one year after the death of the Veteran's spouse.

The Veteran's appeal is being remanded for further examination to determine the severity of his service-connected postoperative prostatic urethral varicosity, and to distinguish between its manifestations and those attributable to a nonservice-connected prostate cancer/prostatectomy.

The Veteran's appeal is being remanded due to the submission of additional evidence and for further development.

The Veteran's appeal is to determine an effective date earlier than August 7, 2006 for a 100 percent evaluation for loss of use of both feet. The issue has been remanded due to procedural issues and the need for a Board hearing.

The Board denied the Veteran's claim for recognition of military service other than from March 5, 1941, to April 25, 1942, and from April 14, 1945, to April 20, 1945, to include service with the recognized guerrillas due to a lack of evidence of such service.

The Veteran claims service connection for the residuals of a left lower lobectomy and resection of pulmonary sequestration, which she underwent in May 1994 during active duty training. The case is remanded to clarify whether her training was active duty for training or inactive duty training, obtain records from 'Community Hospital' in Springfield, Ohio, and review the evidence by a physician knowledgeable in pulmonary disabilities.

The Veteran's claim for service connection for gastric cancer, claimed as due to in-service exposure to ionizing radiation or toxic chemicals, was denied. The Board found no evidence of radiation exposure and the Veteran did not meet the threshold legal criteria for special monthly compensation based on need for regular aid and attendance.

The Veteran's brain tumor was not found to be related to his presumed Agent Orange exposure, and the claim for service connection is denied. The claim for a left arm/shoulder disability is also denied.

The Board found that the Veteran's glioblastoma multiforme and atrial fibrillation, which led to his death, were not caused by or related to service or Agent Orange exposure.

The Veteran's claim for an increased rating for his service-connected right wrist disorder was denied as the condition does not meet the criteria for a higher rating.