Other conditions decisions — 2009

The Veteran's claim for payment or reimbursement of private medical expenses on October 19, 2007 at St. Cloud Orthopedic Associates was denied as the requirements for entitlement to such reimbursement were not met.

The Veteran's claim for payment or reimbursement of private medical expenses incurred in July 2007 was denied as the treatment did not meet all criteria, including being within the 24-month period prior to the date of service and not having a service-connected disability.

The Board has determined that the Veteran's service-connected diabetes mellitus contributed to his death, and thus grants service connection for the cause of the Veteran's death.

The Veteran's service-connected squamous cell carcinoma and its residuals do not warrant a compensable rating as his lung disability is primarily due to nonservice-connected obstructive pulmonary disease (COPD).

The Board denied an extraschedular evaluation in excess of 20 percent for the Veteran's cervical spine disability, finding that the evidence did not show an exceptional or unusual disability picture with respect to his service-connected condition.

The Veteran's claim for an increased evaluation for his service-connected injury to right MGs XI and XII with retained fragments and paresthesia was denied, as the evidence did not meet the criteria for a higher rating. A separate 10 percent disability evaluation was granted for deep scars on the lower right leg.

The Board found that the Veteran's spondylolisthesis of the spine pre-existed service and was aggravated by active service. The claim for bilateral hearing loss resulted in a noncompensable disability rating.

The Board has determined that the Veteran's peripheral vascular disease and residuals of a right leg amputation are not related to service or any service-connected disability, leading to a denial of these claims.

The Veteran's claim for an increased disability rating for service-connected residuals of a right leg stab wound is denied due to his failure to report for a scheduled VA examination.

The appellant's eligibility for Survivors' and Dependents' Education Assistance under the provisions of United States Code, Title 38, Chapter 35 is granted as a result of her spouse's death during active service. The effective date is March 5, 2001.

The Board has determined that the Veteran does not have a right hand disability or residual disability from pneumonia, including COPD, that is attributable to his active military service.

The Board has determined that the Veteran's left foot disorder did not exist prior to service and is less likely caused by or a result of his active military service. As such, the claim for service connection on a direct basis is denied.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's current atrial fibrillation and service. The claim will be readjudicated after a VA examination by a board-certified cardiologist.

The Veteran's claim for an effective date prior to March 14, 2006 for a 20% evaluation for urethral stricture was denied as there is no objective medical evidence within and up to one year prior to the date of claim showing any disability attributable to the condition.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for a neck disorder and a right leg disorder, both claimed as secondary to his service-connected chronic lumbar strain with laminectomy. However, the decision is mixed, with some issues granted and others not.

The VA has denied the veteran's request for payment or reimbursement of medical expenses incurred due to lack of authorization and because he is covered by Medicare.

The Board denied the Veteran's claims for earlier effective dates and service connection for esophageal cancer, finding that April 5, 2006 is the correct date for granting service connection for residuals of a total laryngectomy for adenoid cystic cancer.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a left elbow disorder, resulting in a denial of the request.

The Board of Veterans' Appeals has determined that the Veteran's claim for additional VA compensation for a dependent spouse cannot be granted due to inconsistencies in his marital history and lack of supporting documentation.

The Veteran's claim for service connection for squamous cell carcinoma of the posterior pharyngeal wall, claimed as due to herbicide exposure, is being remanded for additional development.