Other conditions decisions — 2010

The Veteran's claim for service connection for a bilateral foot condition, including residuals to cold injury, is being remanded due to the need for further development and examination.

The Board has determined that the appellant's discharge from service is a bar to VA benefits due to willful and persistent misconduct, specifically drug abuse and unauthorized absence/desertion.

The Veteran currently experiences deformity and shortening of the left leg, which is a result of treatment provided by VA in January 1989. The Board finds that this additional disability was caused by VA's provision of care without the Veteran's informed consent.

The Veteran's appeal is being remanded due to the need for a Board hearing at the RO in Waco, Texas.

The Veteran's death was not caused by a service-connected condition, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Thibodaux Regional Medical Center (TRMC) from April 15 to April 20, 2007 is being remanded due to the need for further development and consideration under new law provisions.

The Board has determined that the Veteran's current lower back disability is not related to his military service and denied service connection. The case is now remanded for further development, including a VA examination.

The Board granted an initial 10 percent evaluation for painful residuals of perforation of the left tympanic membrane, finding that giving the benefit of doubt to the Veteran's claim, his service-connected condition included associated chronic pain requiring periodic but regular ongoing medication.

The Veteran's claim for more than 14 months and 11 days of Chapter 30 education benefits is denied as he has already received the maximum allowable aggregate of 48 months under both programs.

The Veteran's claim for service connection for residuals of a right hip injury is being remanded due to the inadequacy of the March 2008 VA C&P joints examination and the need for further development, including obtaining relevant VA medical records and scheduling a new VA examination.

The Veteran's colitis has been rated at 10 percent since December 18, 1998. The Board finds that the current rating adequately reflects his disability level and symptomatology.

The Board has determined that the Veteran's current sleep disorder likely began during his active duty service, and therefore grants entitlement to service connection for a sleep disorder.

The Board has ordered a VA urology examination to determine the etiology of any left testicle disorders, including whether epididymitis is a separate disorder from left varicocele residuals. The Veteran's claim will be remanded for further development.

The Board has remanded the Veteran's claims for additional development, including obtaining VA treatment records and arranging for an orthopedic examination to assess his thoracic spine disability. The TDIU claim is also inextricably intertwined with the increased rating claim.

The Veteran's unauthorized medical expenses for emergency care at a private facility were denied as he had automobile accident insurance coverage and an alternate payor was available.

The Board denied the Veteran's claims for service connection for alcohol dependence and substance abuse, personality disorder, and dysthymic disorder. The decision found that these conditions were not incurred or aggravated by service.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for the Veteran's cause of death, resulting in a denial.

The Veteran's appeal for a waiver of pension overpayment in the amount of $8,272.00 was dismissed as he withdrew his appeal and expressed satisfaction with the reduction.

The Board denied the Veteran's claim to reopen his service connection for a bilateral hand disability, finding that new and material evidence had not been received.

The Board has remanded the case for an additional response from the NPRC to determine whether the appellant's deceased spouse had qualifying service, and then readjudicate the issue based on all evidence of record.