Other conditions decisions — 2010

The Board has remanded the case for additional development due to insufficient evidence regarding whether any current nasal and vascular disabilities are related to service.

The Veteran's left great toe disability has been rated at 10 percent since February 1965, and the Board finds that a higher rating is warranted based on his ongoing complaints of pain and need for treatment.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for bilateral foot disorders and left heel bone spurs with scar tissue. The September 2003 rating decision denying service connection for bilateral pes planus is final, as is the June 2002 denial of service connection for bilateral knee disorders.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination. The issue remains about entitlement to an increased rating in excess of 10 percent for residuals of a fractured right radial head.

The Board found that reducing the Veteran's rating from 100% to 60% for residuals of squamous cell carcinoma of the right true vocal cords was proper, effective June 1, 2007. The Veteran's condition has been in remission since March 19, 2009.

The Veteran's unauthorized private medical expenses incurred on March 30, 2006 for diarrhea with bleeding and dizziness are eligible for reimbursement as the treatment was deemed necessary due to a prudent layperson expectation of serious health risk.

The Veteran seeks service connection for a skin disorder, which he claims began during his military service. The Board has determined that the current VA examination is inadequate and remands the case to schedule the Veteran for an additional VA examination by a dermatologist to determine the nature and etiology of any current skin disorder, including whether it is related to his period of service or exposure to herbicides in Vietnam.

The Board has remanded the case due to the need for a new VA opinion regarding whether the Veteran's death from colon cancer was caused or contributed substantially or materially by his exposure to herbicides in Vietnam. The appellant is also required to provide VCAA notice and an appropriate period of time to respond.

The Board has determined that the appellant's income exceeded the maximum annual pension rate, thus denying her continuation of non-service connected death pension benefits from January 1, 2008.

The Veteran's claim for an earlier effective date for a 10 percent evaluation for residuals of shell fragment wound to the occipital region of the skull is denied as there was no medical evidence or informal communication noting any treatment for this condition between the last final decision and the April 2008 claim.

The Veteran's claim for service connection for a respiratory disorder, including obstructive lung disease, is being remanded due to the need for additional development and an opinion regarding whether his pre-existing respiratory disorder was aggravated during service.

The Veteran's claim for VA health care without copayment was denied in April 2008. The Board has ordered additional development due to missing documents, including the January 2007 VA Form 10-10EZR and copies of his tax returns submitted in December 2006.

The Board has determined that the appellant does not have legal entitlement to a one-time payment from the FVEC fund due to lack of service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces. The case is being remanded for further verification of the appellant's claimed service.

The Board has found that the appellant's deceased husband did not have service in a component of the Armed Forces of the United States, and thus there is no legal entitlement to VA benefits.

The Board has decided that the Veteran's claim for payment or reimbursement of unauthorized medical expenses provided by King's Daughters Medical Center in Ashland, Kentucky, from February 27, 2008, to March 1, 2008, was denied.

The Board dismissed the Veteran's appeal regarding whether an IBOT Powered Mobility Wheelchair is medically suitable for his service-connected T-7 spinal cord injury due to a lack of jurisdiction, as this determination involves medical suitability rather than eligibility.

The Board is remanding the case for further development, including obtaining a VA examination and addressing new evidence submitted by the Veteran.

The Board denied an earlier effective date for the award of DIC benefits, finding that the appellant's application was not received until many years after the Veteran's death.

The Board has determined that the Veteran does not have a current genital rash disorder and there is no credible evidence linking any such condition to service. The claim for service connection for a genital rash was denied.

The Board has remanded the Veteran's claim for a new VA examination to determine if his gastrointestinal symptoms are related to active service, including exposure to undiagnosed illnesses or other conditions associated with service in the Southwest Asia theater.