Other conditions decisions — 2010

The Board denied the appellant's claim to reopen his forfeiture of VA benefits, finding no new and material evidence was submitted. The appeal is dismissed.

The Veteran's Crohn's disease was not caused by VA medical treatment, and any additional disability is not due to a failure of VA care. The Board finds no evidence supporting the claim for compensation under 38 U.S.C.A. § 1151.

The Board found that the appellant did not live continuously with the Veteran from their marriage until his death, and thus could not be recognized as his surviving spouse for VA benefits.

The Veteran's back pain was considered an emergency condition, and the Board found that he had a reasonable expectation of delay in seeking medical attention being hazardous to his health. The decision grants payment or reimbursement for the cost of medical treatment provided on August 29, 2008.

The Board dismissed the appeal due to the appellant's death, and no new evidence was submitted to reopen his claim.

The Veteran's service-connected residuals of surgery for urethral stricture with incontinence are currently rated at 60 percent, the maximum rating available under Diagnostic Code 7512. The Board finds that his symptoms do not warrant a higher rating as they align with the criteria for this maximum rating.

The Veteran's skin disorder in the groin area, manifested by recurrent boils, is found to be as likely as not related to his military service.

The Board denied the appellant's claim as her deceased spouse did not have qualifying service in the U.S. Armed Forces for VA benefits purposes, thus denying her basic eligibility to VA death benefits.

The Board has determined that the Veteran's skin disorder, specifically jungle rot of the groin and feet, is related to his service in Vietnam. The condition was first noted during service in 1968 and continues to affect him when it is hot and he sweats.

The Veteran's prostatectomy residuals have been rated as 40 percent disabling since June 29, 2009. The condition has resulted in the need to change absorbent materials twice a day and constant use of an appliance for control of urinary leakage.

The Board has granted service connection for Alzheimer's disease on an accrued benefits basis, finding that the Veteran's head injury during service likely made him more susceptible to developing Alzheimer's later in life. The claim of increased ratings for his service-connected disabilities was not addressed as it is not related to accrued benefits.

The Veteran's claims for higher ratings for residual repair of right lower eyelid entropion and lateral tarsal strip of the left eye with bilateral senile ectropion, and bilateral chronic blepharitis and conjunctivitis were denied as his conditions did not meet the criteria for a rating higher than 50 percent or 10 percent under applicable diagnostic codes.

The Board has remanded the case due to incomplete service records and the need for a VA examination to determine the nature and etiology of the Veteran's bilateral eye injuries.

The Board has determined that service connection for a bilateral eye disorder, specifically presbyopia, cannot be granted as it is not considered a disease or injury under VA regulations and there is no evidence of a superimposed disease or injury. The Veteran's claim based on presumed exposure to herbicide agents is also denied.

The Veteran's annualized countable income exceeds the maximum annual pension rate for nonservice-connected pension with special monthly pension benefits at the aid and attendance rate, thus denying his claim.

The Board found that the Veteran does not have a current diagnosis of narcolepsy and that any sleep disturbance she may manifest is part and parcel of her service-connected major depression. The preponderance of evidence indicates there is no definitive diagnosis of narcolepsy, and there is no competent evidence linking it to an in-service disease or injury or a service-connected disability.

The Veteran's death was caused by generalized carcinoma, which the Board found not related to his military service or exposure to mustard gas. The claim for service connection for the cause of death is denied.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at McDonough District Hospital on January 7, 2006 due to back pain. The Board finds that the treatment was not provided in a hospital emergency department and does not meet the criteria for reimbursement under VA regulations.

The Veteran's right vocal cord paralysis has been evaluated at a 10 percent rating since July 19, 2005. The Board found that the evidence does not support an evaluation higher than this level.

The Board has granted service connection for left eye lagophthalmos and assigned a 10 percent rating effective from July 11, 2006. The Veteran is seeking an earlier effective date.