Other conditions decisions — 2009

The Board has remanded the case for further development, including verification of service in Vietnam and a VA examination to determine if the Veteran's myelodysplastic syndrome is related to service, including exposure to herbicides (Agent Orange).

The Veteran's claim for payment or reimbursement of unauthorized medical expenses provided by Digestive Health Specialists is denied due to the failure to meet the filing requirement under 38 C.F.R. § 17.1004.

The Board has reopened the appellant's claim and found new evidence that raises a reasonable possibility of finding that the appellant was insane at the time he went AWOL, which could potentially remove the bar to VA benefits. However, the Board also concluded that the appellant accepted an undesirable discharge to escape trial by court martial, which still serves as a bar to VA benefits.

The Veteran's claim for service connection for chronic lymphocytic leukemia, including as due to Agent Orange exposure, is denied. The Board found no evidence of in-service disease or injury and insufficient evidence to establish herbicide exposure.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as there is no competent medical evidence showing that he has chronic residuals of a failed urology procedure performed at a VA medical facility in February 2007 due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses is being remanded due to the need for a medical opinion regarding when his condition stabilized and if a VA facility was feasibly available for transfer.

The Veteran's non-Hodgkin's lymphoma was not present in service and is not attributable to any incident of service origin, including any exposure to chemicals. The Board found that the Veteran did not have evidence showing he was exposed to herbicides during his military service.

The Board denied the reopening of the claims for service connection for a skin disorder and cranial disorder due to lack of new and material evidence.

The VA has denied the appellant's request for an evaluation in excess of 10 percent for his service-connected left eye defect, with decreased visual acuity and pale disc secondary to injury.

The Board found that the Veteran's current right eye disability is not etiologically related to service, and thus denied his claim for service connection.

The Board denied the Veteran's claim for a rating in excess of 10 percent for his residuals of postoperative right inguinal hernia, finding that the disability did not meet the criteria for a higher rating under Diagnostic Code 7804 (unstable or painful scars).

The Board has determined that the Veteran's left foot drop did not have its onset in service and is not related to his service, nor was an organic disease of the nervous system manifest within one year of separation from service. Therefore, the claim for service connection for left foot drop is denied.

The Board found that the Veteran's gynecological disability, including loss of the right ovary, was not incurred in or aggravated by service and is not related to a service-connected condition.

The Veteran's claim for service connection for a fractured nose and nose deformity is being remanded due to the need for additional development, including a VA examination.

The Board has remanded the case for further development and readjudication due to procedural issues, including an inadequate VA examination report.

The Veteran's appeal is being remanded for additional medical inquiry to determine the nature and severity of his service-connected pelvis disorder.

The Veteran's claims for higher ratings for his foot disabilities have been granted, with a 10 percent rating assigned effective October 3, 2005.

The Board has remanded the case for further development due to insufficient evidence regarding the etiology of the Veteran's current fibrous dysplasia and lung disability, as well as whether these conditions are related to service.

The Board has determined that the Veteran's loss of vision in his left eye is not related to his service-connected rheumatoid arthritis, and thus denied the claim for secondary service connection.

The Veteran's claims for increased ratings and service connection were granted. The right thigh injury is rated at 30 percent, while the left leg injuries are each rated at 20 percent.