Other conditions decisions — 2010

The Board found that the Veteran and her boyfriend JB did not intend to be married, thus denying their claim for a common-law marriage.

The Board found that the Veteran's left inguinal hernia was not incurred in or aggravated by active service and denied her claim.

The Veteran's private medical treatment incurred from July 10, 2005, to August 5, 2005, was not provided for a condition of such a nature that a prudent layperson would have reasonably expected that delay in seeking immediate medical attention would have been hazardous to life or health and VA or other Federal facilities were feasibly available.

The Board has determined that the Veteran's claim for service connection for residuals of asbestos exposure is granted, as new and material evidence has been presented. The Veteran currently has benign pleural plaque secondary to asbestos exposure in service.

The Board denied the standard $300 plot allowance because the Veteran was not buried in a cemetery, and his remains were cremated. The funeral director argued that the plot allowance should be payable to the funeral home due to expenses incurred for crematory fees, but the Board found this argument unconvincing.

The Veteran's son, who was attending college before turning 18 years old and under the age of 23, is entitled to additional compensation for a dependent child based on school attendance. The effective date is set at January 1, 2007.

The Board has determined that the Veteran's death was not caused or contributed to by any service-connected disability, and thus denied the claim for service connection for cause of death.

The Veteran's lumbar spine disability, characterized by right L5 spondylolysis, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.

The Board found no evidence of a current disability related to the Veteran's military service and denied his claims for service connection for right hand and left hand disabilities.

The Board has remanded the case due to insufficient medical opinions regarding service connection for hearing loss and otitis externa. The Veteran's claim will be returned to the RO for further development.

The Veteran's claim for service connection for her left thumb disability is being remanded due to the need for a VA examination and opinion regarding whether her in-service injury resulted in current arthritis.

The Board denied service connection for residuals of a back injury, concluding that any low back injury during active service did not develop into a chronic condition and was dissociated from the current low back disorder.

The Veteran's claim for service connection for a respiratory disorder, claimed as due to asbestos exposure during military service, is being remanded for further development including a VA examination.

The Board found no evidence of in-service asbestos or radiation exposure, and the Veteran's current lung disorder is not linked to service. The claim for service connection was denied.

The Veteran's arthritis of multiple joints is not related to his service, including cold weather exposure in Korea.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Saint Alphonsus Regional Medical Center from April 26, 2004 to May 7, 2004 has been granted under the Millennium Act.

The Board has ordered additional VA examinations to determine the nature and etiology of any low back, right knee, or left knee disorders. The Veteran's claim will be remanded for further development.

The Board has remanded the case due to the Veteran's failure to report for a VA examination, and it is requested that he be afforded another opportunity to appear for an examination. The AMC/RO should also obtain all outstanding pertinent medical records.

The Board has ordered the VA to provide a dose estimate for the Veteran's ionizing radiation exposure in service, and then determine if the claim requires further review by the Under Secretary for Benefits. The case will be remanded for this purpose.

The evidence does not support a finding that the Veteran's numbness of the legs, bilaterally, is related to his service-connected mechanical lower back pain with lumbar spondylosis.