Other conditions decisions — 2009

The Board found that new and material evidence had been submitted to reopen the claim, but denied legal entitlement to VA benefits due to a lack of qualifying service for purposes of VA benefits.

The Board found no evidence of cold injury residuals to the Veteran's bilateral hands and denied service connection.

The Veteran's initial claim for a compensable rating for multiple myeloma was granted effective from the date of diagnosis (February 13, 2009). The Veteran previously had a noncompensable rating for smoldering myeloma before February 13, 2009.

The Veteran's claim for a rating in excess of 20 percent for residuals of compound fracture, right tibia and fibula was denied. The claim to reopen his previously denied service connection for status post hemilaminectomy and discectomy with degenerative findings as secondary to a service-connected disability of residuals of compound fracture, right tibia and fibula was also denied.

The Board has reopened the Veteran's claim for service connection for polyarthralgia but denied termination of his VA pension benefits. The evidence submitted does not establish that the condition was incurred or aggravated during service.

The Veteran's claim for reimbursement of unauthorized medical expenses was denied as he did not meet the eligibility criteria under VA regulations.

The Board has determined that there is no current diagnosis of gastroenteritis or anterior chest wall syndrome, and thus the Veteran does not meet the criteria for service connection.

The Board has remanded the case for further development, including obtaining medical records and scheduling VA examinations. The Veteran's claims of service connection for residuals of subarachnoid hemorrhage and pulmonary emboli are pending.

The Board has reopened the claim of service connection for squamous cell carcinoma, right nasopharynx tissue and granted it as likely as not due to exposure to herbicides during active duty in Vietnam. The Veteran's current condition is considered a result of his military service.

The Veteran's medical expenses incurred at Grenada Lake Medical Center from December 9, 2007, through December 12, 2007, are covered as the treatment was for a continued medical emergency and VA facilities were not feasibly available.

The Board denied the Veteran's claims for service connection for a lung disorder secondary to tobacco use and nicotine dependence, as well as secondary to asbestos exposure. The decision found that there was no evidence linking his lung disorder to military service.

The Board has vacated the June 2004 rating decision and remanded the Veteran's claims for further consideration due to insufficient VCAA notice regarding the basis of the previous denial.

The Board found that the Veteran's knee disabilities do not warrant an increased evaluation, as his symptoms are attributable to a cerebrovascular accident and peripheral neuropathy rather than his service-connected knee conditions.

The Veteran's claim for an increased disability rating for residuals of laceration of the right middle finger was denied, and his claim for an earlier effective date for a service connection award was also denied.

The Board found that residuals of a July 1987 motor vehicle accident, including left leg abnormalities but not head injuries, hip pain or liver damage, are not related to the Veteran's active service.

The Veteran's appeal is remanded due to the need for a new examination of his service-connected residuals of a shrapnel wound to the head.

The Board has remanded the case due to a need for clarification of the credentials of a VA examiner who provided an opinion regarding the cause of death. The appellant's claim for service connection for the cause of her husband's death will be reconsidered based on this additional information.

The Board finds that the Veteran's spinal cord infarction is at least as likely as not caused by VA's failure to timely refill his prescribed aspirin medication, which resulted in a hypercoagulable state and subsequent thrombosis of the anterior spinal artery.

The Board has determined that the veteran's right inguinal hernia is related to his service-connected lumbar disc disease and granted service connection for this condition. The claim for a left leg disability not contemplated by the rating assigned for service connected residuals of lumbar disc disease was denied.

The Veteran's claim for service connection for porphyria cutanea tarda or another skin disorder, to include as a result of exposure to herbicides during service in the Republic of Vietnam, is being remanded due to insufficient development and need for further medical examination.