Other conditions decisions — 2010

The Veteran is not entitled to more than 3 months of educational assistance benefits under the Chapter 1607 REAP program due to a statutory limit on aggregate education benefits.

The Board denied the Veteran's request to reopen her previously denied claim of service connection for a left foot disorder, finding that no new and material evidence had been submitted.

The Veteran's claim for a higher initial disability rating for his service-connected lumbar spine disability was denied. The highest available rating under the old and amended versions of Diagnostic Code 5293 (prior to September 26, 2003) is 60 percent.

The appellant does not have qualifying service for the purpose of receiving a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's cause of death was caused by colon cancer with liver metastases, which is not service-connected. Lung cancer, a condition related to the colon cancer, is also service-connected due to herbicide exposure.

The Board has determined that the Veteran's current residual disabilities, including right flank pain and a flank bulge, are not reasonably foreseeable events resulting from the VA surgeries in 1991. The appeal is granted.

The Veteran's service-connected mechanical back pain is not productive of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; combined range of motion of the thoracolumbular spine not greater than 120 degrees; or muscle spasm, guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Therefore, a rating in excess of 10 percent is denied.

The Board denied the Veteran's claims to reopen his service connection for bilateral leg and foot disabilities, finding that new and material evidence had not been received.

The Veteran's squamous cell carcinoma of the tonsil is not service connected, as there is no evidence it began in service or within one year of separation and no medical opinion linking it to herbicide exposure.

The Veteran does not have a fungal disability of the groin, feet, legs, and ears that is attributable to service.

The Veteran's gouty arthritis of the left foot is currently rated at 10 percent, but does not meet the criteria for a higher rating as it does not cause more than moderate impairment.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA clinical records. The Veteran seeks an increased evaluation for his service-connected lung disability.

The Board has remanded the case for a supplemental opinion from the VA examiner regarding whether the Veteran's diagnosed pulmonary disorder is etiologically related to his service, specifically due to asbestos exposure while assigned to the USS KULA-GULF. The case will be returned to the May 2009 VA examiner for this purpose.

The Board has determined that additional development of the evidence is required before a decision can be made on the Veteran's claim for an increased rating for her service-connected residuals of a fracture of the right distal fibula.

The Veteran's claim for service connection for tooth extractions and for VA dental treatment purposes was denied as he did not meet the eligibility criteria for these claims.

The Board has determined that the appellant's claim for an effective date prior to September 17, 2002, for service connection for the cause of her husband's death is not warranted and has denied this claim.

The Board has reopened the Veteran's claim and granted service connection for cancer of the right tonsil, finding that it is related to his military service due to exposure to herbicides.

The Veteran seeks service connection for Raynaud's syndrome. The Board has determined that additional medical records are needed and an addendum opinion is required to clarify the Veteran's diagnosis.

The Board denied the claim for reimbursement or payment of unauthorized medical expenses because the claim was not filed within the required 90-day period following the date of discharge from the facility that provided the emergency treatment.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking the hepatocellular carcinoma to service or any other condition. The Veteran had diabetes mellitus but this did not contribute to his death.