Other conditions decisions — 2010

The Board finds that the Veteran's current low back disorder is related to his active service, and grants service connection for intervertebral disc syndrome.

The Board found that the appellant was not permanently incapable of self-support prior to his eighteenth birthday, and thus he cannot be considered a helpless child for VA benefits purposes.

The Veteran's low back disability was rated at 10 percent prior to May 1, 2005 and increased to 20 percent as of that date.

The Board found that the Veteran's squamous cell carcinoma of the neck was not caused by herbicide exposure and did not manifest within one year of separation from active service. The primary site could not be determined, thus preventing presumptive service connection.

The Board has remanded the case due to inadequate VCAA notice and other procedural issues.

The Veteran's claim for service connection for residuals of dental trauma is denied as he does not have a residual from in-service dental trauma and his claim is not eligible for VA outpatient dental treatment.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for bilateral varicose veins. The Veteran's current diagnosis of varicose veins is not shown in his service treatment records, and there is no medical opinion linking his current condition to service.

The Veteran's respiratory and dry eye disabilities are not service-connected, but his current bilateral hearing loss disability is denied.

The Board has ordered a remand due to the need for an additional VA examination and opinion regarding whether the Veteran's service-connected low back disability renders him unable to secure or follow a substantially gainful occupation.

The Board has determined that new and material evidence has been received to reopen the previously denied claim seeking service connection for a sleep disorder. The Veteran's current idiopathic hypersomnia is at least as likely as not related to his military service.

The Board has determined that the Veteran's death was caused by VA medical care, specifically a failure to timely diagnose and treat his coronary artery disease. As such, DIC benefits under 38 U.S.C.A. § 1151 have been granted. The claim for DIC benefits under 38 U.S.C.A. § 1318 is dismissed.

The Board found that the Veteran's residuals of Epstein-Barr virus were not incurred in or aggravated by military service and denied his claim for service connection.

The Board denied the claims for increased evaluations for right hip disability, bilateral hearing loss disability, and tinnitus. The appellant's right hip disability was rated as 10 percent disabling based on limitation of flexion.

The Board denied the Veteran's claim of service connection for a leg condition, as there is no evidence of an in-service injury or disease related to the current condition. The claims for reopening service connection for alcoholism and back conditions were also denied due to lack of new and material evidence. Service connection for bilateral hearing loss was not addressed.

The Veteran's varicose veins of the left leg have been rated at 40 percent disabling throughout the appeal period.

The Board found that the Veteran's atrial fibrillation was not caused by or incurred during active service, and is not otherwise related to his active service or a service connected disability, including PTSD. The claim for secondary service connection for atrial fibrillation due to PTSD was denied.

The Board has determined that the appellant's income exceeds the maximum annual pension rate and she is not eligible for nonservice-connected death pension benefits. The case is being remanded to allow for additional information regarding medical expenses.

The Veteran's residuals, laceration of thenar motor branch of median nerve, left hand have been granted an initial noncompensable evaluation. Service connection for asthma was denied.

The Veteran's claim for payment or reimbursement of medical expenses incurred in connection with an ambulance ride to Sacred Heart Medical Center on October 29, 2007 was denied as the appellant had Medicare coverage and thus did not meet one of the criteria for payment under VA regulations.

The Board denied the Veteran's claims for service connection for a skin disorder and an increased rating for PTSD. The claim for service connection was not granted, while the PTSD claim resulted in a 50 percent disability rating.