Other conditions decisions — 2010

The Veteran's appeal is remanded due to the need for further development and consideration of his claims, including whether there was clear and unmistakable error in a December 1970 rating decision that denied service connection for sickle cell anemia.

The Veteran's appeal is being remanded for additional development due to a lack of recent VA examination.

The Board has remanded the case for additional development due to conflicting medical evidence and a need for clarification of etiology.

The Board denied the Veteran's claim for an effective date earlier than February 19, 1998 for the award of a 10 percent rating for service-connected sinus disability.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at Dominican Hospital from May 5, 2004, to May 14, 2004 is granted due to a reasonable doubt raised by the evidence that all necessary criteria have been met.

The Board has remanded the case for further development, including seeking service department verification of the appellant's claimed active service in World War II and providing the appellant with notice as to his claim for a one-time payment from the Filipino Veterans Equity Compensation Fund. The case will be readjudicated after these actions.

The Board found that the Veteran's cause of death, neutropenic sepsis due to acute myelogenous leukemia and myelodysplastic syndrome, was not related to his military service or any service-connected condition.

The Veteran's claim for a waiver of overpayment is being remanded due to the need for a hearing.

The Veteran's genitourinary disability has not been productive of renal dysfunction for any period, and thus a higher rating is not warranted. The criteria for referral to the Under Secretary for Benefits or Director of Compensation and Pension Service have not been met.

The Veteran's right foot tarsal tunnel syndrome is currently rated at 10 percent, and the Board found no evidence of severe incomplete paralysis warranting a higher rating. The symptoms are primarily pain and instability.

The Board has ordered the case back to the RO for further development, including a new VA examination and review of the claims file.

The Veteran's appeal is being remanded for further development, including obtaining medical records and conducting VA examinations to assess the severity of his service-connected disabilities.

The Veteran's claim for a temporary total disability rating based on the need for convalescence following a right foot hallux valgus correction with Chevron osteotomy and bunionectomy was denied as service connection is not in effect for hallux valgus or any similar disability.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for a disability rating in excess of 30 percent for ulnar nerve pathology of the right elbow. The case is being remanded to attempt to obtain treatment records from Liston Chiropractic Health and Wellness, fee-based physical therapy treatment records, and any VA treatment records.

The Veteran's claim for service connection for respiratory problems due to asbestos exposure is dismissed. The Board has granted the Veteran's claim for service connection for his right leg disability, finding that it is related to his military service.

The Board denied the appellant's request to restore compensation benefits for depressive neurosis with duodenal ulcer prior to March 30, 2002 due to failure to report for a scheduled VA examination in July 1977. The appeal is based on service connection theory and no presumption or exposure basis was provided.

The Veteran's appeal is remanded for a new examination and consideration of staged ratings due to his sigmoid colon diverticula.

The Veteran's former spouse and her six minor children are contesting the decision denying their claim for apportionment of the Veteran's compensation benefits. The appeal is being remanded to ensure proper procedural steps have been followed.

The Veteran's claims for compensation under the provisions of 38 U.S.C.A. § 1151 are being remanded due to outstanding records from private and VA facilities that need to be obtained.

The Veteran's claim of clear and unmistakable error in a June 24, 1980 rating decision denying service connection for sprue was dismissed as the original decision was subsumed by a later Board decision.