Other conditions decisions — 2010

The Veteran is seeking a higher initial evaluation for his service-connected fracture residuals of the left tibia and fibula. The appeal must be remanded to allow for new VA examinations to assess the current severity of his disability, including any neurological symptoms.

The Board has remanded the case for further development, including consideration of a VA examination report and providing the Veteran with an opportunity to respond.

The Board denied the Veteran's claim for service connection for leukemia, including CML and AML, to include as a result of herbicide exposure during his service in the Republic of Vietnam. The evidence did not show that the Veteran had been diagnosed with B cell leukemias or hairy cell leukemia, which are diseases associated with herbicide exposure.

The Veteran died in December 2004 and the appellant filed a claim for accrued benefits within one year of his death. However, there were no pending claims at the time of his death and he had not requested reimbursement for medical expenses prior to his death. Therefore, the appellant's claim is denied as a matter of law.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Ocala Regional Medical Center from April 4, 2009 to April 9, 2009 is denied because the Veteran had other health care coverage under a health plan that would pay for the emergency treatment.

The VA denied compensation under 38 U.S.C.A. § 1151 for additional disability resulting from a small bowel surgery performed at a VA facility in January 2003, finding no fault on the part of VA.

The Board has determined that the Veteran does not have a current right great toe bunion related to his active duty service and therefore denied his claim for service connection.

The Veteran's service-connected residuals of fractures of the T11, L2, and L3 vertebrae are currently rated at 20 percent. The VA determined that his forward flexion is limited to no worse than 35 degrees when functional loss due to pain is considered.

The Board has remanded the case for additional development, including obtaining records from Maxwell Air Force Base between 1980 and 1990.

The Veteran's appeal is being remanded for additional medical inquiry to determine his ability to secure or follow a substantially gainful occupation due to service-connected disabilities.

The Veteran has withdrawn his appeal regarding the issue of entitlement to payment or reimbursement of private medical expenses incurred on January 17, 2005, at Stillwater Medical Center. The Board dismisses this issue.

The Board found no evidence linking the Veteran's current gastrointestinal disability to his active service, and thus denied his claim for service connection.

The Board found that the Veteran does not have a genitourinary disability related to his active service, including an incident where he was beaten by military police in 1982. The VA examiner concluded that the current erectile dysfunction is not related to service.

The Veteran's adjustment disorder with mixed mood and agoraphobia with panic attacks is found to be related to his service. No other psychiatric disability was incurred in or aggravated by active service.

The Board has determined that the Veteran's connective tissue disorder is related to her active service and has granted service connection for this condition. The effective date of this decision is not specified as it was based on a pre-discharge VA examination.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The TDIU claim is also part of this appeal.

The Board found that the appellant's marriages to the Veteran were legally terminated by divorce in January 1991, and thus did not meet the criteria for recognition as his surviving spouse for purposes of obtaining VA death benefits.

The Board denied the reopening of the claim for optic atrophy, finding that no new and material evidence had been submitted to support the claim.

The Veteran's claim for a compensable evaluation for residuals of a status-post broken index finger, left hand was denied as his condition did not meet the criteria for any higher rating under VA rating criteria.

The Veteran's annual income exceeded the maximum allowable pension rate for non-service connected disability pension benefits due to his housebound status and one dependent, thus denying him eligibility.