Other conditions decisions — 2010

The Board denied the appellant's claim for restoration of her DIC benefits as she was ineligible due to not meeting the legal requirements under the law.

The Board found no evidence of an in-service injury or chronic condition, and concluded that the Veteran's current disabilities are not related to service.

The Veteran's chronic ear canal disorder is found to be due to his service-connected bilateral hearing loss, and he is granted service connection for this condition.

The Veteran seeks service connection for atrial fibrillation with pacemaker implant as secondary to medication for his service-connected lumbar laminectomy and fusion. The Board has determined that a VA examination is needed to determine the etiology of the Veteran's atrial fibrillation, including whether it is related to medications taken for his back disability.

The Veteran's claims for service connection for thigh conditions are being remanded due to insufficient evidence. Further development is needed to determine if the current thigh conditions are caused or aggravated by his service-connected disabilities.

The Veteran's left knee disability, characterized by degenerative joint disease and a Baker's cyst, is currently rated at 20 percent under the criteria for limitation of motion. The Board finds that this rating adequately reflects the severity of his condition.

The Board has granted a 60 percent disability rating for the Veteran's service-connected erythromelalgia, effective from the date of his discharge from active military service. The issue of entitlement to TDIU remains pending.

The Veteran's appeal is remanded due to the inadequacy of the December 2007 VA examination in assessing the severity of his cognitive abnormalities, secondary to service-connected herniated nucleus pulposus L5-S1. The case will be returned for a new examination and further review.

The Veteran's claim for compensation benefits under 38 U.S.C. § 1151 is being remanded due to the need for a videoconference hearing.

The Board of Veterans' Appeals (BVA) has determined that the Veteran's claim for service connection for diverticulitis was denied due to a lack of evidence linking her current condition to her period of active service. The BVA also noted that additional records from October 1992 to July 2000 and between August 2007 and July 2008 need to be obtained for further review.

The Board denied the Veteran's claims for deductions of monthly payments to Greeley Place Senior Housing and Whispering Chase Independent Retirement Community as unreimbursed medical expenses, finding that neither facility provided any medical or nursing services. The Board also found that the Veteran's countable annual income prior to December 1, 2009, exceeded the maximum annual pension rate for disability pension benefits.,The decision did not address service connection theory, exposure basis, or whether the Veteran is a beneficiary of the PACT Act.

The Board has remanded the case due to a need for further development, including scheduling a hearing at the RO.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on July 9, 2007 was denied because the claim was not filed within the required 90-day period after the treatment.

The Board found that the Veteran's right knee disability does not warrant a higher evaluation as it did not meet the criteria for limitation of motion or instability.

The Board denied the Veteran's claim to reopen his service connection for a brain tumor, finding that new and material evidence had not been submitted. The Veteran's meningioma was not shown in service or within one year after service, and there was no evidence showing a causal relationship between any microwave exposure during service to the subsequent development of meningioma.

The Veteran's appeal is being remanded for additional development, including a VA orthopedic examination to assess the severity of his service-connected right lower extremity disability and whether he is unemployable due to his disabilities. The TDIU claim will be referred to the Director of Compensation and Pension.

The Board found that the Veteran's gout is not etiologically related to military service and denied his claim for service connection.

The Board found that the cause of death, cerebrovascular accident, was not related to military service and denied the claim for service connection for the cause of death.

The Board has remanded the case for further development to determine if the Veteran's right eye disability is related to his military service.

The Veteran's death was attributed to hyperkalemia, due to or as a consequence of hypercalcemia and rectal carcinoma. The HIV infection, which contributed to his death, was not service-connected.