Other conditions decisions — 2009

The Veteran seeks a higher rating for his service-connected spinal condition, but the appeal is remanded due to insufficient evidence and need for further examination.

The Board has determined that the reduction of the disability ratings for the Veteran's knee disabilities from 40 and 20 percent to 10 percent effective December 1, 2007 was proper.

The Veteran's service connection claim for gout is being remanded due to the need for additional medical examination and opinion.

The Board denied the appellant's claim for a higher payment for DIC compensation benefits as the law does not allow for such an increase based on the facts of this case.

The Veteran's claim for service connection for multiple basal cell carcinomas has been reopened. However, the evidence does not support a finding that his current condition is related to service or radiation exposure. The Board finds that the disability was more likely due to sun exposure over the course of his life, including during non-service periods.

The Veteran's appeal is denied as he does not meet the eligibility requirements for VA educational assistance under Chapter 30 of Title 38, U.S. Code.

The Veteran is seeking an increased evaluation for chronic pain syndrome from a previous rectal abscess. The RO granted service connection and assigned a 10 percent evaluation, effective September 11, 1997. The Veteran contends that his current complaints of rectal pain are related to the surgical scar rather than the original condition.

The Veteran's service-connected diverticular disease was increased to a 30 percent rating effective October 3, 1995. Service connection for neurogenic bladder is granted.

The Veteran's claim for payment of unauthorized medical expenses incurred at a private facility was denied because it was not filed within the required 90-day period.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before the Board, as he requested and was granted. The effective date of the award remains unresolved.

The Board has determined that additional clinical assessment and medical opinion are needed to adequately address the Veteran's service connection claim for a cardiopulmonary abnormality. The case is REMANDED for further development.

The Board has reopened the Veteran's claim for service connection for a skin disorder and granted it, finding that new evidence supports his claim of in-service exposure to combat conditions.

The Veteran's fecal incontinence is found to be incurred in service, with the Board granting service connection based on continuity of symptomatology since service.

The Board denied an increased disability rating for the Veteran's service-connected leukopenia, thrombocytopenia with a history of myelodysplastic syndrome, maintaining the current 30 percent rating.

The Veteran's right knee disability, characterized by osteoarthropathy and patellar chondromalacia, was found to not warrant a higher rating prior to January 19, 2007, or from that date forward. The current ratings are deemed appropriate based on the limited range of motion.

The Veteran's appeal is being remanded for a new examination to determine the severity of his service-connected residuals of a mandible fracture, including loss of mastication function and range of motion limitations. The case will be reviewed again after this additional development.

The Veteran's medical expenses for treatment on February 1-3, 2005 at Valley View Hospital are approved as the nearest VA facility was not feasibly available and an attempt to use them before hand would not have been considered reasonable by a prudent layperson.

The Board has granted service connection for prostate cancer but determined that the earliest effective date is January 18, 2006, which is when the Veteran's original claim was received.

The Veteran's claim for service connection for residuals of dental trauma is denied as there is no evidence of dental trauma during service.

The Veteran's service-connected simple fracture, left transverse process, L-3 vertebra is currently rated at 20 percent and the Board found that it does not meet the criteria for a higher rating.