Other conditions decisions — 2009

The Veteran's claim for payment of unauthorized private medical expenses at Baptist Medical Center in Little Rock, Arkansas from March 26 to April 3, 2007 was denied by the Department of Veterans Affairs Medical Center (VAMC).

The Board denied service connection for a chronic gastrointestinal disorder, including diverticulosis of the colon. The claims for reopening spina bifida occulta and left hip conditions were also denied due to lack of new and material evidence.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine if there is a neurological deficit of the lower extremities related to the veteran's spinal cord injury.

The Veteran's skin disorder is not service-connected, and the claim for service connection based on herbicide exposure is denied.

The Board denied a rating higher than 10 percent for the Veteran's residuals of a laceration of the left long finger, finding that the disability was already rated appropriately under the applicable diagnostic codes.

The Veteran's service-connected residuals of a right hand injury, involving a fractured distal phalanx of the index finger with carpal tunnel syndrome and a scar, are rated at 30 percent. The Board denied an increased rating for this condition.

The Board has determined that the Veteran's dental trauma occurred during service and he meets the requirements for service connection for the limited purpose of receiving VA outpatient treatment.

The Veteran's service connection for arthritis of the lower back was granted.,Initial disability ratings greater than 10 percent were assigned for residuals of a cold injury in both feet.

The Board denied the appellant's claim for an earlier effective date for DIC benefits, finding that the March 1977 applications for burial benefits did not constitute informal claims for DIC and thus VA was not obligated to forward a formal DIC application.

The Veteran's claim for service connection for trauma to tooth number 7 is being remanded due to insufficient evidence. The Veteran needs to provide evidence that his loss of tooth number 7 is the result of loss of substance of body of maxilla or mandible.

The Board denied the Veteran's claims for service connection for scoliosis, a respiratory disorder (claimed as secondary to scoliosis), posttraumatic stress disorder, and a psychiatric disorder (other than PTSD). The pre-existing scoliosis was not aggravated by active military service. There is no legal basis for secondary service connection for a respiratory disorder. The Veteran did not meet the criteria for a diagnosis of PTSD or a psychiatric disorder during active service.

The Board determined that the Veteran's only recognized active service was from July 1, 1942 to June 10, 1946. The Veteran is not shown to have been detained or interned by enemy forces in line of duty and thus does not meet the legal criteria for recognition as a former POW for VA benefits purposes.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 due to a lack of evidence showing that VA care caused his nerve damage, left side of mandible and tongue.

The Veteran's primary sclerosing cholangitis and ulcerous proctocolitis have been diagnosed and medically related to his service. The claims for these conditions are granted.

The Board denied the Veteran's claims of service connection for malaria and residuals of bullet and shrapnel wounds to the left lower leg, finding no new and material evidence presented.

The Board found that the Veteran's death was not caused by a service-connected disability, and there is no evidence of occupational exposure to ionizing radiation during his military service. Therefore, service connection for the cause of death cannot be established.

The Veteran's ankylosing spondylitis is not related to his military service and the Board finds that it did not begin during active duty.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for a bilateral foot disorder. The claim is now reviewed on its merits.

The Veteran's left forearm orthopedic residuals are due to the natural progress of his pre-existing injuries, and not related to VA treatment in February 1978.

The Veteran's service connection claim for a bilateral eye disability, to include macular degeneration and/or cataracts, was denied as the evidence did not establish a nexus between his current disabilities and exposure to ionizing radiation during military service.