Other conditions decisions — 2009

The appeal is being remanded due to the need for proper notification in compliance with Hupp v. Nicholson, which includes informing the appellant of conditions service-connected at the time of death and the evidence required to substantiate DIC claims based on previously service-connected or not yet service-connected conditions.

The Board has decided to remand the Veteran's claims for further development and examination, including obtaining VA treatment records and scheduling a new VA examination.

The Veteran's claim for increased ratings was denied. The Veteran is currently rated at 20 percent for his service-connected herniated nucleus pulposus and mild incomplete paralysis of the right sciatic nerve, but not for neurological manifestations or right ear hearing loss.

The Veteran's appeal is being remanded for additional development, including a VA respiratory examination and clarification of his disagreement with the October 2008 rating decision regarding aid and attendance benefits.

The Board has determined that the Veteran is likely as not exposed to asbestos during service, and his current lung disorder is shown to be a result of such exposure. Therefore, service connection for asbestosis is granted.

The Board found no clear and unmistakable error in the March 1976 rating decision that denied service connection for an inguinal hernia.

The Board found no evidence to support a service connection for cold injury of the bilateral feet, as there was no in-service event or disease related to this condition and no competent medical evidence linking current symptoms to active duty.

The Board found that the left third (middle) finger disability is not related to service-connected post extensor tendon repair of the left index finger or active service, and thus denied the claim for service connection.

The Veteran's appeal for enrollment in the VA healthcare system was withdrawn, resulting in dismissal of the case.

The Board has determined that the Veteran was not a fugitive felon and therefore, the termination of his VA benefits during the specified period was improper.

The Veteran's left hip disability, characterized by osteoarthritis with painful motion and limited flexion, is currently rated at 30 percent. The sacroiliac joint disorder is also rated at 30 percent.

The Veteran's claim for payment or reimbursement of private medical expenses incurred at a non-VA medical facility from June 30, 2007 to July 1, 2007 is denied as the Veteran was in receipt of Medicare benefits and therefore not eligible to receive medical expense reimbursement.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Paul B. Hall Regional Medical Center on October 10, 2007, is denied as the evidence does not show that the treatment was rendered in an emergency situation.

The appellant's dependent son was not yet 16 years old or completed compulsory education under the state law for the period of February 2, 2009, to May 21, 2009. Therefore, he is ineligible for Dependent's Educational Assistance (DEA) under Chapter 35, Title 38, of the United States Code.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for retroperitoneal seminoma and right leg amputation, status post spindle cell carcinoma. The Veteran's disability manifested by retroperitoneal seminoma is due to disease or injury incurred in active service, and his disability manifested by right leg amputation, status post spindle cell carcinoma, is also due to a disease or injury incurred in active service.

The Veteran's hives/urticaria and heat rash residuals are found to be related to service, with the initial evaluations for his lumbar strain and left knee disabilities being granted.

The Board has determined that the Veteran's right middle finger trauma with calcific tendonitis is attributable to service and grants service connection for this condition.

The Board denied the Veteran's claim for service connection for a neck disorder, finding that there was no medical evidence of a nexus between his current condition and active duty service.

The VA denied the appellant's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a right hand injury based on VA medical treatment in February 1991, finding that there was no additional disability resulting from the treatment.

The Veteran's claims for increased ratings for his service-connected conditions have been denied as the evidence does not meet the criteria for a higher rating under any applicable diagnostic code.