Other conditions decisions — 2010

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for a left thigh disability, as no additional evidence shows or suggests the presence of a chronic left thigh disability related to his service.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for nerve damage caused by a VA dental surgery in June 2000, and the case is being remanded to obtain additional medical records and provide an opinion on whether the disability was proximately due to carelessness or negligence.

The Board finds that the Veteran's chronic myeloid leukemia is due to disease or injury incurred in active service, specifically his exposure during service in the Southwest Asia theater of operations during the Persian Gulf War.

The Veteran is seeking compensation for a right-sided hemiparesis allegedly caused by VA medical care in 1995, 1996 and 1998. The Board has ordered additional development to obtain statements from personnel involved in the September 1995 surgery.

The Board denied the Veteran's claims for increased ratings for chondromalacia of the right patella, prostatitis, and a history of otitis media and externa. The claim for TDIU was also denied.

The Veteran's service-connected PTSD does not allow him to engage in substantially gainful employment, and there is no evidence of a pinched artery of the neck related to his military service or service-connected PTSD.

The Board has determined that the Veteran's spine disorder first manifested during his period of active duty service and is therefore presumed to have been incurred therein. As such, the claim for service connection is granted.

The Veteran's appeal is remanded due to incomplete information about his work history and education, conflicting reports of employability, and the need for a new medical opinion regarding his ability to engage in substantially gainful employment.

The Veteran's claim for nonservice-connected disability pension benefits is being remanded due to the need for additional development regarding his claimed service in Vietnam.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA orthopedic examination to determine the nature, extent, and severity of his service-connected post-operative right knee replacement.

The Board has determined that the Veteran's current degenerative joint disease in his right knee was not incurred or aggravated by active service and is denied.

The Veteran's medical expenses for treatment of cellulitis and osteomyelitis from November 16, 2001 to November 22, 2001 at Deaconess Billings Clinic Hospital are approved.

The Board has determined that additional development of the evidence is required before a decision can be made on the Veteran's claims for service connection for peripheral vascular disease of both lower extremities.

The Veteran's pension benefits were terminated due to his incarceration and felony conviction, resulting in an overpayment of $5,440.00. The Board has ordered a remand for an accounting/audit of the time periods and payments issued to the Veteran.

The Board has determined that the Veteran does not have a current diagnosis of detached retinas and there is no competent medical evidence linking macular degeneration to any incident of service, including the eye laceration sustained during service. As such, service connection for detached retinas is denied.

The Board denied the appellant's claim for accrued benefits as there was no pending claim at the time of his father's death and he did not meet eligibility criteria.

The Veteran's unauthorized medical expenses incurred at Munroe Regional Medical Center from January 22, 2007 to January 26, 2007 were not reimbursable due to lack of pre-authorization and the Veteran's Medicare coverage.

The Veteran's claim for an earlier effective date for the award of service connection for non-Hodgkin's lymphoma is denied as there is no legal entitlement to such a date.

The Veteran's fecal incontinence is currently rated at 10 percent, and the Board finds that a higher initial disability rating of 30 percent is warranted based on his intermittent and occasional involuntary bowel movements.

The Board denied the appellant's claim for death pension benefits due to her income exceeding the maximum annual pension rate.