Other conditions decisions — 2010

The Veteran's death is presumed to be due to ischemic cardiomyopathy, which is a condition associated with exposure to herbicides. As the Veteran served in Vietnam and his death was caused by a disease listed under the presumptive provisions for herbicide-exposed veterans, service connection is granted.

The Board has determined that the Veteran's chronic gouty arthritis had its onset during or within one year of separation from service, and thus warrants service connection.

The Veteran's service-connected duodenal ulcer has been manifested by some duodenal inflammation and mild anemia, but his weight is stable. The Board finds that the evidence of record at the time of July 2008 SOC did not support an evaluation greater than 20 percent for the Veteran's service-connected duodenal ulcer.

The Veteran's appeal is being remanded for additional development to clarify the relationship between his service-connected laryngeal cancer and a new diagnosis of squamous cell carcinoma of the right submandibular region, as well as to determine if the reduction in rating from 100% to 10% for his laryngeal cancer is appropriate.

The Veteran is seeking service connection for a gastrointestinal disorder, diagnosed as colitis or Crohn's disease, which he claims is secondary to his service-connected bipolar disorder. The Board has determined that further medical development and examination are needed to address these issues.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a back condition resulting from surgery performed at the Bay Pines VAMC in January 1981. The RO denied the claim because the surgery did not involve the Veteran's back, but additional records need to be obtained and an examination conducted.

The Veteran's thoracic spine disability was previously rated at 20 percent, but as of November 14, 2009, it warrants a higher rating of 40 percent due to severe forward flexion limited to less than 30 degrees. Additionally, he is now entitled to a separate 10 percent rating for associated neurological manifestations affecting the left lower extremity.

The Veteran's unauthorized medical treatment for UTI, fever, and leukocytosis in September 2006 was not authorized by VA. The Board found that the services were not rendered in a medical emergency of such nature that delay would have been hazardous to his life or health, nor did no feasible VA facility provide appropriate care.

The Board has remanded the case for further development to determine whether Merkel cell carcinoma is a 'soft-tissue sarcoma' and if the Veteran's cardio-pulmonary event was caused or aggravated by his service-connected diabetes disability.

The appellant's marriage to the Veteran was deemed invalid due to the state of Missouri abolishing common law marriages, and she did not meet the requirements for recognition as a surviving spouse under VA regulations.

The Board denied the appellant's claim for VA death benefits because her deceased husband did not have qualifying service in the United States Armed Forces, as determined by the National Personnel Records Center.

The Board denied the Veteran's claims for payment or reimbursement of unauthorized medical expenses incurred as a result of treatment rendered by Labcorp of America Holdings on August 13, 2007 and at Grand Strand Regional Medical Center from October 18 to October 31, 2007 and November 2 to November 30, 2007.

The Board has denied the veteran's claim for an initial evaluation in excess of 20 percent for residuals of histiocytic lymphoma of the stomach, finding that his symptoms do not meet the criteria for a higher rating.

The Board has granted service connection for the cause of the Veteran's death, finding that his service-connected duodenal ulcer was a principal or contributory cause of his death.

The Board has determined that the Appellant does not have recognized active military service as required to establish eligibility for Filipino Veterans Equity Compensation Fund benefits and therefore is not eligible for such benefits.

The Veteran's claim was denied as the VA facility was feasibly available, and he did not meet the criteria for reimbursement due to his service-connected condition.

The Veteran's left tibia disorder is not service connected and the Board finds that he does not meet the criteria for secondary service connection. The claim of entitlement to an initial compensable disability evaluation for osteoarthritis of the left knee, prior to June 19, 2001, is denied.

The Board has determined that the Veteran's chronic cough is due to an undiagnosed illness and is related to his service in the Persian Gulf War. The condition has been shown to be at least 10 percent disabling.

The Board denied the Veteran's claim for a disability rating in excess of 10 percent for postoperative residuals of a right bunionectomy, finding that his condition did not meet the criteria for an increased rating.

The Board has remanded the Veteran's claims for service connection for chronic alcoholism and a chronic pancreatic disorder to the RO/AMC for further development, including issuance of a supplemental statement of the case (SSOC).