Other conditions decisions — 2010

The Board has reopened the claim of entitlement to service connection for a left eye disability, finding that new and material evidence has been received. However, it was determined that the Veteran does not have a left eye disability attributable to service.

The Veteran's left thigh SFW, Muscle Group XIV is currently rated at 10 percent and has been increased to 30 percent.

The Veteran's right leg disorder, specifically the status-post fracture of the right fibula, was rated at 10 percent effective January 5, 2010. The claim for a higher rating prior to this date and beginning from January 5, 2010, is denied.

The Board has reopened the Veteran's claim for service connection for Crohn's disease and granted it, finding that there is at least equipoise evidence to support the claim.

The Board has reopened the claim for service connection for shortness of breath and finds that new and material evidence has been submitted. The Veteran's in-service plane crash is considered, but there is no direct or secondary evidence linking his current condition to service.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her income exceeding the maximum allowed amount.

The Board denied the appellant's claim for VA disability benefits due to a lack of qualifying military service, resulting in denial.

The Board has denied the Veteran's claim for payment or reimbursement of medical expenses incurred at Lakeland Regional Medical Center on November 9 and 10, 2006.

The Veteran's application for enrollment in the VA healthcare system was denied due to his placement in priority category 8 and filing after January 17, 2003.

The Veteran's appeal has been dismissed as the appellant requested withdrawal of the appeal.

The Veteran's claim for an increased evaluation of his service-connected residuals of a right foot laceration with Achilles tendonitis was granted, and he is now rated at the highest available rating (20%) due to severe limitation of motion. His secondary service connection claim for back, hip, and knee disorders remains pending.

The Board found that the appellant's skin disability and right upper extremity disability with shaking and tingling were not incurred in or aggravated by active service, and may not be presumed to have been so incurred or aggravated due to exposure to Agent Orange.

The Board finds that the evidence is in equipoise with regard to whether the service-connected left hip replacement more nearly approximates moderately severe or markedly severe residuals, warranting a 50% or 70% rating respectively. The Veteran's symptoms include pain and limited range of motion.

The Veteran's private physician diagnosed him as having restrictive, interstitial pulmonary disease and lung fibrosis. The VA examinations indicated a possible moderate restrictive component to the Veteran's pulmonary dysfunction, which may be secondary to asbestos exposure. The Board finds that another VA examination is needed to determine if the Veteran currently has any restrictive respiratory disorder or if there is a restrictive component of his respiratory disorder, and whether it is due to his military service.

The Veteran's daughter contests the effective date of October [redacted], 2007 for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35, claiming her father should have been rated as permanently and totally disabled at the time of his death. The Board affirms the RO's decision to deny this claim.

The Veteran's claims for an initial rating higher than 30 percent for his adjustment disorder with depressed mood and a TDIU are being remanded due to the need for further examination and consideration of his service-connected disabilities, including his stomach condition and tension vascular headaches.

The Board has remanded the case due to a need to consider new legislation that may extend the Veteran's eligibility for educational assistance benefits under Chapter 1607.

The Board is remanding the case for additional development to obtain service treatment and personnel records from the Veteran's reported Reserve unit in Monroe, Louisiana.

The Veteran's unauthorized medical expenses incurred from January 6-9, 2008 at Southern Tennessee Medical Center in Winchester, Tennessee are approved due to the emergent nature of his condition and the unavailability of a VA facility.

The Board found that the Veteran's death was not caused by VA treatment and did not result from any negligence or fault on the part of VA. Therefore, the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1151.