Other conditions decisions — 2009

The Veteran's service connection claim for residuals of a right foot injury, including tibial sesamoiditis and degenerative arthritic changes, is granted. The Board finds that the Veteran's current right foot disability is related to his active military service.

The Board has determined that the esophageal tear is an additional disability due to complications of a VAMC endoscopic procedure, and it was not reasonably foreseeable. Therefore, compensation under 38 U.S.C.A. § 1151 for the esophageal tear as a complication of a VAMC endoscopic procedure is granted.

The appellant's request for a Travel Board Hearing has been scheduled, and the case is being remanded due to her inability to attend the hearing on the day of her scheduled date. The claim will be reviewed by the Board after she is rescheduled.

The Veteran's claim for payment or reimbursement of private medical expenses incurred from July 4, 2004 to July 6, 2004 at Seton Medical Center is denied as the VA facilities were not feasibly available and an attempt to use them beforehand would have been reasonable.

The Veteran's claim for service connection for a bilateral foot and toenail disorder is being remanded due to incomplete records, including those from his active duty for training. The VA will verify the periods of active duty and schedule an examination to determine if the current condition is related to service.

The Board has denied the Veteran's claim for service connection for a prostate condition, including as due to herbicide exposure. The appeal is remanded for further development.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of qualifying service.

The Veteran's service-connected residuals of stress fracture, third metatarsophalangeal joint of the left foot are currently rated as 10 percent disabling. The claim for an increased rating is granted.

The Veteran's son filed a claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, but the Board found that he is not eligible due to reaching his 26th birthday before the effective date of the permanent and total disability rating.

The Veteran died of metastatic colon cancer, which is not associated with herbicide exposure. His service-connected conditions did not cause his death.

The Veteran's claims for service connection for left foot and hip disorders, as well as his initial rating claims for DJD of the lumbar spine, hypertension, pseudofolliculitis barbae, and cholinergic urticaria were all denied. The Board found no medical evidence to support a nexus between current disabilities and service.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private medical facility from January 4-8, 2009 is denied as the care and services were not authorized in advance and did not meet the requirements for emergency treatment.

The Veteran's anxiety disorder is related to his in-service experiences and service connection for this condition is granted.

The Board found that the Veteran died of pneumonia, but there was no evidence to support service connection for malnutrition or any other condition. The claim is denied.

The Board found that the Veteran's service-connected basal cell carcinoma and actinic keratoses involving his face are adequately rated under the applicable schedular criteria, and thus an extraschedular evaluation is not warranted.

The Board has determined that the Veteran's myeloproliferative syndrome is at least as likely as not related to documented in-service radiation exposure, and thus service connection for this condition is granted.

The Board denied the Veteran's claims for payment or reimbursement of unauthorized medical expenses provided by Central New York Cardiology on October 12, 2006; October 25, 2006; October 26, 2006; November 9, 2006; and December 6, 2006 due to the lack of timely filing of claims and the absence of prior VA authorization for these treatments.

The Board has denied the Veteran's petition to reopen his claim of service connection for left tibia osteochondroma as new and material evidence was not submitted.

The Board found the overpayment debt valid and denied the appellant's claim for pension benefits due to an error in VA's fiduciary account, but not solely due to VA's fault. The appellant was not entitled to notice of the overpayment or proceedings regarding his father's finances.

The VA determined that the Veteran's bilateral, post-operative inguinal hernias are asymptomatic and do not warrant a compensable disability rating.