Other conditions decisions — 2010

The Board has granted the motion to revise a March 26, 1974 decision that granted an increased rating of 30 percent for residuals of a missile wound of the left forearm due to failure to apply the correct law. The October 15, 1982 decision denying entitlement to TDIU was also revised as it involved incorrect application of the law.

The Board found that the Veteran's lung condition was not incurred in or aggravated by active service and denied his claim for service connection.

The Board has determined that the Veteran's photophobia is not a disease or injury within the meaning of applicable legislation and therefore cannot be service connected.

The Board denied the claim for service connection for gastric cancer, finding that it did not cause or contribute substantially to the Veteran's death.

The Board has decided that additional development is necessary due to the complexity of the medical issues and the need for clarification regarding the Veteran's heart condition.

The VA denied the Veteran's claim for an increased rating for his service-connected right long finger fracture residuals, currently rated at 10 percent. The evidence showed that the Veteran experiences pain and limited motion in his right long finger but no other significant functional impairment.

The Board has remanded the case for additional development due to missing documents and clarification of the Veteran's choice of representative.

The Veteran has withdrawn his appeal for a rating in excess of 10 percent for residuals of a right elbow fracture.

The Board denied the claim for service connection for the cause of the Veteran's death due to exposure to Agent Orange, finding that there was no evidence linking the colon cancer to in-service herbicide exposure.

The Board has determined that the claim to reopen the character of discharge from July 1966 to December 1969 is denied as there is no new and material evidence presented, and thus the claim for VA benefits based on military service during this period remains closed.

The Board has determined that the appellant is not the Veteran's surviving spouse for VA death benefits purposes.

The Veteran's claim of entitlement to service connection for gastroesophogeal reflux disease, which is secondary to medications prescribed for his service-connected disabilities, has been remanded due to the need for a VA examination.

The Board found that the Veteran's emphysema was not incurred in or aggravated by active military service and denied his claim for service connection.

The Board has determined that the Veteran's lung cancer, which is presumed to be due to Agent Orange exposure during his service in Thailand, caused his death. As a result, the appeal for service connection for the cause of the Veteran's death is granted.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claim for service connection for a spontaneous pneumothorax. The case is REMANDED for further action.

The Board has remanded the case due to deficiencies in prior notice and procedural issues, including a lack of service connection for any disabilities at the time of the Veteran's death.

The Veteran's service-connected basilar skull fracture with subjective complaints of headaches and vertigo is currently rated at 40 percent since October 23, 2008. Prior to that date, the rating was 10 percent.

The Veteran's claim for VA payment of emergency medical services is denied because he has an automobile insurance policy that provided partial coverage, making him ineligible for reimbursement under VA regulations.

The Veteran's appeal for reimbursement of unauthorized medical expenses has been dismissed due to his death.

The Board has determined that the Veteran's service-connected residuals of stress fractures of both legs do not meet or more nearly approximate the criteria for a compensable rating under VA's schedular evaluation criteria.