Other conditions decisions — 2009

The Board denied the Veteran's claim for retroactive entitlement to Vocational Rehabilitation benefits under Chapter 31 prior to September 5, 2003.

The Board finds that the Veteran's right index finger disability is incurred in service, while his left index finger disability did not result from a chronic condition during service. Therefore, the claim for service connection for locking joints of the fingers and left index finger is granted.

The evidence does not show that the Veteran's left shoulder disability is limited to shoulder level or midway between his side and shoulder level, thus preventing a compensable rating under Diagnostic Code 5201.

The Board found that the Veteran's skin disorder was not incurred or aggravated by service and could not be presumed due to herbicide exposure. The claim for service connection was denied.

The Board has ordered additional development of the Veteran's VA medical records from prior to 1990 due to a lack of such records in their possession. The case will be readjudicated after these records are obtained.

The Board has determined that the Veteran's bronchiectasis was incurred during his active duty service.

The Board has remanded the case for additional development, including a VA neurological examination to determine if the Veteran's dizziness is related to head trauma in service.

The Board has determined that the appellant does not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces and therefore is not eligible for VA benefits.

The Board denied a compensable rating for mild neuritis of obturator nerve, right medial thigh, status post stab wound due to the lack of evidence showing severe to complete paralysis.

The Veteran's unauthorized medical expenses from April 22 to April 25, 2007 are now covered by VA as the treatment was deemed necessary due to an emergency condition and no suitable VA facility could accept transfer at that time.

The Veteran seeks service connection for a respiratory disability claimed as secondary to asbestos exposure. The case is REMANDED due to the need for additional medical examination and opinion regarding the etiology of any current respiratory disability.

The Board has determined that the appellant's cervical fractures, incurred in a January 28, 2001 motor vehicle accident while on active duty, were proximately due to his own willful misconduct and not incurred in the line of duty. Therefore, service connection for residuals of a neck injury is denied.

The Veteran's claim for an effective date prior to September 10, 2002 for service connection for autoimmune disorders with a 100 percent evaluation was granted. The rating of cholinergic urticaria was also granted and assigned a 100 percent evaluation as of the same date.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Eastern Oklahoma Medical Center from June 24, 2004, to June 25, 2004 is denied because the Veteran had other health care coverage under a health plan that would pay for the services.

The Veteran's current diagnosed conditions (astigmatism and refractive amblyopia) are not considered disabilities for VA compensation purposes. The Board finds no evidence of any superimposed disease or injury to the Veteran's right eye that occurred during his service, and concludes that the Veteran's vision impairment in his right eye is less likely than not aggravated by military service.

The Board denied the Veteran's claim for service connection for vitamin B-12 deficiency, finding that it does not constitute a current disability for which compensation can be afforded.

The Board has determined that the Appellant's income exceeds the maximum annual limit for receipt of VA nonservice-connected death pension benefits, and thus her claim is denied.

The Veteran seeks service connection for squamous cell carcinoma of the neck, claimed as cancer of the respiratory system, which he maintains was incurred in-service due to Agent Orange exposure. The claim is being remanded for further development and medical opinion.

The Veteran's appeal for reimbursement of unauthorized medical expenses incurred at SVRHC on November 6, 2005 was denied because he had other healthcare coverage (Medicare Parts A and B) that precluded VA from reimbursing the non-VA treatment.

The Veteran seeks service connection for spondylolisthesis, which he contends was aggravated by his military service. The VA is required to obtain the Veteran's duty status records and schedule him for a VA examination to determine if his current back condition had its onset in service or existed prior to service.