Other conditions decisions — 2010

The Veteran's right clavicle fracture disability is currently evaluated at 20 percent, and the Board finds no basis to grant a higher evaluation.

The Veteran died in December 2006 due to acute respiratory failure, with bronchial pneumonia, post-ventricular atrial fibrillation, and decompensated pulmonary emphysema as contributing factors. The appellant claims that the Veteran's death was caused by improper shoulder surgery at a VA facility in April 2003.

The Veteran's right ear basal cell carcinoma and cataracts were not incurred in service. However, the Veteran was granted service connection for his right eye cataracts as a direct result of service.

The Board has determined that a comprehensive VA examination is necessary to address the current level of the Veteran's service-connected right forearm disability, and also to determine whether he is unemployable due to his service-connected disabilities. The case is therefore REMANDED for these actions.

The VA has denied the Veteran's application for enrollment in the VA healthcare system. The case is being remanded to obtain financial status information that will determine if the Veteran meets the income threshold for priority category 8.

The Board has determined that the Veteran's left foot disorder, manifested by residuals of a fusion revision, is as likely as not incurred in active service.

The Veteran's claim for an earlier effective date for educational assistance benefits was denied as she did not meet the basic eligibility requirements for such benefits prior to August 5, 2005.

The Veteran's claim for an increased evaluation for his service-connected left hip disability is being remanded due to inadequate examination and the need for additional evidence.

The Veteran's gastrointestinal disorder, manifested by diarrhea, is rated at a 10 percent evaluation effective March 30, 2007.

The Veteran's unauthorized medical expenses incurred en route to Palo Alto VA Medical Center on March 13, 2008 are granted as the services were provided in an emergency setting and the Veteran was financially liable for the charges.

The Board denied the appellant's request to reinstate her VA death pension benefits as the surviving spouse of the Veteran, finding that she had entered into a marital-style relationship with another man following his death.

The Board has remanded the case to obtain additional information and evidence, including service personnel records and terminal hospital records from the University of Texas MD Anderson Cancer Center. The appellant's claim for service connection for the cause of her husband's death will be reconsidered based on this new information.

The Board has determined that the Veteran's loss of teeth, due to dental trauma during service is service-connected.

The Board has decided to remand the case for further development, including obtaining VA treatment records from the Las Vegas Central Clinic.

The Veteran's claim for a higher rating for his service-connected neck injury was denied. The Board found that the current disability picture did not warrant an increased rating.

The Board has determined that the Veteran does not have active malaria or any residuals, and thus a compensable rating for malaria is denied.

The Board found no relationship between the Veteran's service-connected diabetes mellitus type 2 and his blind spots in both eyes, thus denying the claim for service connection.

The Board has denied the Veteran's claims for service connection for residuals of a gunshot wound to the right axilla and prostate complications. The case is being remanded due to incomplete records from the Texas Department of Criminal Justice.

The Veteran's current bilateral eye condition was not incurred in or aggravated by service, nor may such condition be presumed to have been incurred therein. The Board finds that the Veteran is not entitled to service connection for his bilateral eye conditions on a direct basis.

The Board has determined that the Appellant's marriage to the Veteran was deemed valid due to a legal impediment, and she is recognized as his surviving spouse for VA death benefits purposes.