Other conditions decisions — 2009

The veteran's claim for an annual clothing allowance was denied as the criteria for entitlement were not met.

The appellant is not eligible for VA benefits as he does not have qualifying service as a veteran.

The veteran's skin conditions, to include urticaria, were not related to active service.

The veteran's gastrointestinal disorder was rated as 10 percent prior to August 15, 2008, and increased to 30 percent thereafter. The claims for service connection for arm numbness and leg numbness were denied.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for partial loss of voice, finding that there was no evidence of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA and that the event was reasonably foreseeable.

The Board denied a rating higher than 10 percent for otosclerosis with bilateral hearing loss before July 31, 2008, and a rating higher than 20 percent from July 31, 2008.

The Board found that the veteran does not have idiopathic cardiomyopathy with congestive heart failure related to military service.

The appeal was denied because the medical evidence did not show that the veteran had a right leg injury or disability during service, nor does it reflect any current right leg condition.

The Board denied the veteran's claim for service connection for residuals of a CVA, claimed as stroke, finding no evidence that the condition was incurred or aggravated during inactive duty training.

The veteran's right knee disability, characterized by arthritis and limited flexion to 70 degrees, does not warrant a rating in excess of 10 percent.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) was remanded for additional development, including an examination and opinion regarding the impact of his service-connected conditions on employment.

The veteran's claim for an initial compensable rating for residuals of a shrapnel injury with foreign bodies to the left side of the face, left ear, left side of the neck, and rupture of the left eardrum was denied as there was no evidence of functional loss, moderate muscle injury, orthopedic or neurological abnormalities, tender or painful scars, or disfigurement of the head, face, or neck.

The appellant's larynx cancer residuals manifested as laryngitis have not resulted in thickening or nodules of the cords, polyps, submucous infiltration or pre-malignant changes on biopsy. Therefore, an initial evaluation in excess of 10 percent is not warranted.

The Board found that the veteran was not eligible for payment or reimbursement under 38 U.S.C.A. § 1728 for private medical expenses incurred on March 8, 2006, as he did not have a total disability permanent in nature at the time of treatment and there was no evidence of an emergency medical condition manifesting itself by acute symptoms of sufficient severity.

The appeal was remanded to the RO for a Board videoconference hearing.

The appeal is remanded to the RO for further evidentiary development and clarification regarding the rating decision's authority and notice timing.

The veteran's right leg disability, including a closed tibiofibular fracture and right anterior horn lateral meniscus tear, does not warrant a rating in excess of 30 percent.

The net worth of the appellant is not considered excessive for the receipt of death pension benefits.

The Board remands the case for a VA examination to determine the etiology of any currently diagnosed generalized bursitis and whether it is related to military service.

The Board granted service connection for a left eye condition, to include defective vision with amblyopia, external strabismus, and exotropia, based on aggravation of a preexisting disability.