Other conditions decisions — 2010

The Board has reopened the appellant's claim for service connection for the cause of the Veteran's death due to new and material evidence. The cause of death, myocardial infarction with ventral fibrillation, is not shown to be related to service or any incident thereof.

The Veteran's adjustment disorder with depressed mood is found to have had its onset during service, and his migraines are rated at the highest possible level. The Veteran also meets criteria for a TDIU rating due to his service-connected disabilities.

The appellant's service does not meet the threshold requirements for eligibility for VA benefits, and his claim for basic eligibility for VA healthcare benefits is denied.

The Board finds that the Veteran's treatment on January 2, 2009 constituted a medical emergency of such nature that delay would have been hazardous to life or health. Therefore, payment for this unauthorized medical expense is granted.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has remanded the case due to incomplete information and need for further audit of DIC benefits, including income verification and exclusions from annual income.

The Board finds that service connection is granted for external rotation of the left hip as secondary to foot drop and incomplete paralysis of the right lower extremity with pain and muscle atrophy.

The appellant's service is not recognized, and therefore he does not qualify for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has found that but for clear and unmistakable error in the February 2002 readjudication, the Veteran would have been entitled to receive compensation at a 100% rate for non-Hodgkin's lymphoma for a continuous period of greater than eight years immediately preceding his death. Therefore, increased DIC benefits are granted.

The Veteran's claims for service connection and higher initial evaluations were denied. The Board found no evidence of a bilateral foot disorder, and the criteria for increased ratings for low back pain with sciatica, left hip; patella femoral pain syndrome, left knee; patella femoral pain syndrome, right knee; and hypertension were not met.

The Veteran's claim for an earlier effective date for a 30 percent rating for cold weather residuals of the left and right lower extremities is being remanded due to issues raised by the Court regarding the hearing process. The Veteran was not provided with an opportunity to submit evidence regarding when his service-connected disability worsened.

The Veteran's residuals of a fistulectomy have been rated at 60 percent since September 25, 2006. The Board has also granted TDIU for the period prior to June 24, 2010.

The Board denied the Veteran's claims for service connection for left and right elbow disabilities, finding no current disability to support the claims.

The Board has determined that the Veteran does not have a current disability manifested by chest pain, and therefore service connection for this condition is denied.

The Veteran's service-connected cold injury residuals of the right and left feet have been evaluated as 10 percent disabling. The Board has determined that a higher evaluation is not warranted for either foot prior to specific dates.

The Veteran's dental disability, specifically tooth number 6 and any associated teeth, is found to be service-connected for VA treatment purposes due to a fall during active duty. However, the claim for compensation purposes remains denied as there are no compensable disabilities listed under current VA regulations.

The Veteran's claims for increased evaluations and an earlier effective date for PTSD have been dismissed as there is no pending appeal.

The Board has determined that the Veteran's account of cold exposure during service is accurate and credible, linking Raynaud phenomenon of the right hand to frostbite that occurred in service. Therefore, service connection for cold injury of the right hand is granted.

The Veteran's lower extremities do not meet the criteria for loss of use, and his claim for automobile and adaptive equipment or adaptive equipment only is denied.

The VA denied an increased rating for the appellant's residuals of back injury with L5 fracture, currently rated at 30 percent.