Other conditions decisions — 2010

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for muscular dystrophy, which was previously denied in January 1994. The Veteran's contention that his condition was aggravated by active duty service is not considered new evidence.

The Board found that the appellant does not have legal entitlement to a VA nonservice-connected disability pension due to his service requirements, and thus denied the claim.

The Board has determined that a timely substantive appeal was not received to the January 2004 rating decision regarding an initial compensable evaluation for bilateral defective hearing, and thus the appeal is dismissed.

The Veteran's service-connected gunshot wound residuals of an injury to Muscle Group XI and peroneal nerve are currently rated at 30 percent, which is the maximum schedular rating available under VA's Rating Schedule. The Board found that a higher rating was not warranted.

The Board found the reduction of the Veteran's Section 306 pension, effective January 1, 2009, was proper and denied his appeal.

The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to service connection for the cause of the Veteran's death, resulting in a denial.

The Veteran received emergency treatment for multiple severe injuries in a motorcycle accident. The appellant seeks payment from VA for the medical expenses, but VA is denied because the third-party insurance paid the full amount of $250,000 to cover all related medical expenses.

The Board denied the Appellant's claim for nonservice-connected pension as his service in the Philippine Commonwealth Army under USAFFE is not qualifying service and therefore he is not eligible for such benefits.

The Veteran's claim for service connection for disability exhibited by poison ivy is denied as there is no evidence of a chronic condition during or after service. The Veteran's claim for an increased rating for CMV is also denied.

The Veteran's adjustment disorder with depressed mood is rated at 30 percent, effective from the date of his initial claim. His cirrhosis of the liver is also rated at 10 percent, effective from the date of his initial claim.

The Board found that the Veteran's skin disorders, including inability to sweat and xerosis, were not incurred in or aggravated by active service. The examiner opined that these conditions are related to his service-connected neurosyphilis.

The Veteran's left foot, rib, and neck injuries are not shown to be caused by VA care, treatment, or examination. Therefore, his claims for compensation under 38 U.S.C.A. § 1151 are denied.

The Veteran's initial disability ratings for his left hand burn were denied. He was assigned a 20 percent rating prior to December 17, 2008 and a 30 percent rating after that date.

The Veteran's right eye disability is rated at the maximum 30 percent level due to impairment of visual acuity to hand motion only, and his left eye has sufficient vision (20/40) to prevent a higher rating.

The VA medical care did not cause or accelerate the Veteran's death, and thus DIC benefits under 38 U.S.C.A. § 1151 are denied.

The Board found that the Veteran's service did not involve duty or visitation in the Republic of Vietnam, and thus he is not entitled to presumptive service connection for myelofibrosis based on exposure to herbicides. The VA examiner noted no evidence of myelofibrosis during service and the diagnosis was first made 30 years after separation. The Veteran's claim for direct service connection was also denied.

The Veteran's claim for service connection for residuals of cold injury to the hands and feet is denied as there are no current disabilities that can be linked to his in-service exposure.

The Veteran's claim for service connection for emphysema is being remanded due to the need for a medical opinion regarding whether in-service asbestos exposure exacerbated or aided in advancing the development of the emphysema.

The Board has requested additional information from the U.S. Army Center for Health Promotion and Preventive Medicine regarding the Veteran's exposure to hydrocarbons during service, which is necessary to decide the claims.

The Board has remanded the case for additional development due to insufficient evidence regarding the onset and etiology of the Veteran's vasovagal syndrome.