Other conditions decisions — 2010

The Board has remanded the case due to inadequate VA examination, and further development is needed.

The Veteran withdrew his appeal for restoration of nonservice connected pension benefits.

The Board has remanded the case for further action due to a violation of VA's duty to assist, specifically not requesting service department review of additional or new documents provided by the appellant concerning her husband's active service in World War II.

The Board has determined that the effective date for service connection of laryngeal cancer cannot be earlier than December 12, 2008 due to the one-year waiting period after separation from active military service.

The Veteran's claim for service connection for his back disability is being remanded due to the need for additional medical records and an examination.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for a left leg disability. The claim is therefore granted.

The Veteran's unauthorized medical expenses from July 8 to July 10, 2007 at Physicians Regional Medical Center are approved as the nearest VA facility was not feasibly available due to his weakened state after significant blood loss.

The Board found that the Veteran's current right hip disability, diagnosed as moderate osteoarthritis, is not related to his injury during INACDUTRA in January 1990. The claim for service connection was denied.

The Board has determined that the Veteran's death was caused by a motorcycle accident incurred in line of duty and not due to his own willful misconduct. The cause of death, blunt force trauma to the head, chest, and abdomen as a consequence of a motor vehicle collision, single vehicle unhelmeted motorcyclist, is considered service-connected.

The Board denied the Veteran's claims for service connection for mitral valve prolapse and benign familial myoclonus, finding that there was no evidence of a chronic disability in service or within one year after separation, and that any current conditions were not caused by service or medication.

The Veteran's appeal is being remanded to obtain additional medical evidence and determine the appropriate rating for his service-connected conditions, including dementia and bilateral hearing loss.

The Board denied a rating in excess of 10 percent for residuals of right middle finger injury on an extraschedular basis, finding that the disability does not result in frequent or excessive hospitalizations, prevent gainful employment, or otherwise cause extraordinary impairment.

The Board found that the Veteran's lazy eye and double vision disorders were congenital in nature and pre-existed service. The August 2009 VA examiner concluded that these conditions did not worsen during service, thus denying service connection.

The Board has remanded the case for additional development, including a supplemental opinion from the VA examiner who conducted the November 2009 examination.

The Veteran's nonspecific urethritis has not resulted in recurrent urinary tract infections or required long-term drug therapy, hospitalizations, or intensive management. His symptoms are primarily due to his nonservice-connected prostate condition (benign prostatic hypertrophy). Therefore, he does not meet the criteria for a compensable rating.

The Board found that the Veteran's left hip and left groin disorders are essentially asymptomatic, with no qualifying disability predicated upon limitation of motion or other compensable manifestation. Therefore, an initial noncompensable rating remains proper for both conditions.

The Board has determined that the Veteran does not have current burn scar residuals and there is no evidence linking them to service. As such, the claim for service connection for residuals of burns to the upper legs and thighs is denied.

The Veteran does not currently experience any residuals of a heat stroke injury and the Board finds that service connection for these residuals is denied.

The Board found that the objective and competent medical evidence did not support a finding of any currently diagnosed right leg or heel disorder being related to the Veteran's period of active military service.

The Board has determined that the evidence received since the November 1986 rating decision is not new and material, thus denying the request to reopen the claim of service connection for depressive reaction.