Other conditions decisions — 2010

The Board finds that the medical evidence of record supports the Veteran's contention that she has residuals of wart removal of the left leg which are causally related to her military service. Service connection is granted for these residuals.

The Veteran's skin disability of the right scrotum is not service-connected, and there is no evidence to support a presumption based on herbicide exposure. The right testicle cyst was also not found to be related to service or any other condition.

The Veteran's appeal was denied for initial evaluations in excess of 10 and 40 percent for deep vein thrombosis and superficial vein thrombophlebitis of the right lower extremity.

The Board has determined that the Veteran's lung disorder, which includes a breathing disorder, is due to asbestos exposure during his military service and grants service connection for this condition.

The Board has determined that the Veteran's myositis is etiologically linked to his period of active service, resolving all reasonable doubt in favor of the claim.

The Board finds that the appellant does not qualify as a surviving spouse for the purpose of basic eligibility to Dependency and Indemnity Compensation (DIC), death pension, and accrued benefits.

The Veteran's inguinal hernia was not found to be caused by the barium enemas performed at VA facility in September 1991, and thus he is denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that the appellant's other than honorable discharge due to willful and persistent misconduct is a bar to VA compensation benefits.

The Veteran's ulcerative colitis, status post colectomy and ileostomy, is rated at 40 percent due to severe symptoms including frequent bowel movements that interfere with daily activities.

The Veteran's duodenal ulcer, status post pyloroplasty and vagotomy with dumping syndrome is currently rated at 40 percent. The evidence does not support a higher rating as his symptoms do not meet the criteria for a 60 percent disability rating under Diagnostic Code 7305.

The Veteran's nonservice-connected pension benefits were terminated beginning October 1, 2004 due to her exceeding the maximum annual pension rate with her new husband's income.

The Veteran's appeal involves disagreement with the initial rating assigned for service-connected pericarditis, which was changed to supraventricular tachycardia. The Board has remanded the case for further development and evaluation of his heart disability.

The Veteran's claims for an initial evaluation in excess of 50 percent for dysthymic disorder and a total rating based on individual unemployability due to service-connected disability prior to August 25, 2000, were denied as the Board's September 2005 decision is considered final.

The Veteran's claim for service connection for a mouth or gum disorder, claimed as bleeding gums, is denied.

The Veteran is seeking service connection for dental trauma, which she claims occurred during service. The case has been remanded to obtain a VA examination and determine the etiology of any current dental disorder.

The Veteran's military service does not meet the threshold service eligibility requirements for VA pension benefits.

The Board denied retroactive apportionment of nonservice-connected disability pension benefit payments from May [redacted], 2004 to October [redacted], 2007 due to the appellant not having appealed the termination of benefits within one year and because the Veteran was considered a 'fugitive felon' for the entire period, preventing apportionment.

The Veteran's appeal is remanded for additional development, including obtaining private medical records and Social Security Administration disability benefits information. A general medical examination will be conducted to assess the impact of his service-connected disabilities on his employment.

The Board found that the Veteran's service-connected microscopic hematuria does not result in any pathology and is benign, thus denying an initial compensable disability rating.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Blake Medical Center from April 16 to 19, 2008, and from April 22 to 25, 2008 is denied as the Veteran was covered by Medicare parts A and B.