Other conditions decisions — 2010

The Board is remanding the case for further development, including obtaining VA and private medical records and scheduling a VA examination to determine if the Veteran has current or chronic myoglobinuria/rhabdomyolysis related to service.

The Board has remanded the case for adjudication of whether new and material evidence has been received to reopen a claim for VA benefits based on the character of the appellant's discharge. The issue is inextricably intertwined with the pending CUE claim.

The Board has dismissed the appeal due to a withdrawal request from the appellant and his representative.

The Veteran's service-connected right and left knee disabilities have increased in severity, necessitating a new examination to determine the current level of disability.

The Board found that the Veteran's service connection claim for discoid lupus was denied as there is no evidence of a skin disorder in service and no competent medical evidence linking the Veteran's current discoid lupus with his period of service to include his presumed exposure to herbicides.

The Veteran's claim for a higher rating for incomplete paralysis of the left radial nerve, as residuals of a GSW, is granted effective February 24, 2010. The claim for TDIU remains pending.

The Veteran's vitiligo is currently rated at 10 percent since August 30, 2002. The Board has granted this rating and found no need to assign a higher rating or an earlier effective date.

The Board found that the Veteran's cause of death was not caused by a service-connected disability, and thus denied service connection for the cause of death. The appellant is also not eligible for VA death pension benefits.

The Veteran's unauthorized medical expenses incurred on December 12, 2007, were not authorized by VA and did not meet the criteria for reimbursement under applicable laws.

The Veteran's surgery at Laser Spine Institute on December 16, 2008 was not authorized by VA and reimbursement is denied.

The Board has determined that the appellant does not have qualifying active service as a member of the Philippine Commonwealth Army, including the recognized guerillas, in the Armed Forces of the United States. Therefore, he is not entitled to a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that the Veteran's death was not caused by a service-connected condition, and thus denied the claim for service connection for cause of death.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Cumberland Medical Center on February 9, 2008 is being remanded due to the need for a video-conference hearing.

The Veteran's claims for increased ratings have been denied. The maximum schedular evaluation of 10 percent has been assigned for the scar from a shrapnel wound of the right hip and residuals of a gunshot wound of the left neck, with no additional limitations or symptoms warranting higher evaluations.

The Veteran's claim for service connection for a left foot and toe disorder is being remanded due to the need for additional development, including another VA examination.

The Veteran's claim for an increased rating for his service-connected residuals of fracture of the distal right humerus is being remanded due to inadequate examination and need for a new one.

The Veteran's residuals of a fracture to the left fibula were rated at 10 percent prior to November 25, 2009. The rating was granted and effective as of the date of the decision.

The Board found that the Veteran's enlarged heart condition is not related to his military service and denied his claim for service connection.

The Veteran's appeal is being remanded due to the need for additional treatment records and a VA examination. The issues of entitlement to an increased rating for left retropatellar pain syndrome and entitlement to an effective date prior to December 7, 2006, for the grant of a 30 percent rating are also pending.

The Veteran's back disability, characterized by pain and slight limitation of motion, is currently rated at 20 percent under the current rating criteria for degenerative joint disease.