Other conditions decisions — 2010

The Board has reopened the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of right foot surgery and granted service connection for a spine injury as secondary to a service-connected plantar callus, an ulcer as secondary to a service-connected plantar callus, and degenerative joint disease of the right hip with tinea pedis.

The Veteran's bilateral foot calluses are rated at 20 percent, effective October 23, 2008. The rating for post-concussion syndrome remains at 10 percent.

The Board has remanded the case to the RO for scheduling a videoconference hearing before a Veterans Law Judge at the next available opportunity.

The Veteran filed claims for increased ratings in September 2005, which were denied by the RO in October 2005. The Veteran did not file a timely appeal of this decision.,In May 2007, the Veteran filed new claims for increased ratings, and these were granted with effective dates of May 31, 2007.

The Veteran's claim for an annual clothing allowance was denied as the evidence did not meet the criteria provided in 38 C.F.R. § 3.810, which requires either a service-connected disability requiring a prosthetic or orthopedic appliance that tends to wear out or tear clothes, or medication prescribed for a skin condition due to a service-connected disability causing irreparable damage to outer garments.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses incurred at Naples Community Hospital from April 4, 2007 to April 6, 2007 has been withdrawn.

The Board has determined that there was clear and unmistakable error in the February 3, 1994 rating decision denying service connection for the cause of the Veteran's death. The appeal is granted.

The Board denied the appellant's claims of entitlement to accrued benefits and service connection for the cause of the Veteran's death. The signet ring gastric adenocarcinoma was not shown to be related to service, including herbicide exposure.

The Board has determined that the evidence does not support reopening of the claim for basic eligibility for VA benefits.

The Veteran's unauthorized medical expenses for a left index finger laceration on January 11, 2008 were reimbursed because the nearest VA facility was over 100 miles away and the condition was perceived as emergent.

The Board found that the Veteran's current chronic gastrointestinal disorder is secondary to his service-connected anxiety disorder and granted service connection for this condition.

The Board denied the reopening of the claim for service connection for the cause of death due to lack of new and material evidence.

The Veteran's oropharyngeal cancer is determined to be the result of in-service herbicide exposure, and service connection for this condition is granted.

The VA determined that the Veteran's left arm/hand condition was not caused by or aggravated by a VA surgical procedure, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's cold weather injuries to his hands and feet were incurred during active military service, resulting in current residuals.

The Veteran's residuals of cold injuries to his right and left lower extremities are currently rated at the maximum schedular rating available, which is 30 percent. The Board finds that these ratings adequately account for all relevant symptoms and do not warrant an increased rating.

The Veteran's claim for a compensable rating for his service-connected fracture distal shaft left tibia was granted, with the effective date being determined by the Board.

The Board has determined that there is no current disability manifested as neurological pathology of the legs, and thus service connection cannot be granted.

The Veteran's thrombophlebitis of the left lower extremity is found to be secondary to his service-connected right ankle disability. His right ankle disability has been rated at 30 percent since January 20, 2010.

The Board is remanding the case to consider whether the Veteran's death was caused by exposure to radiation during service, and to ensure compliance with proper notice requirements for a DIC claim.