Other conditions decisions — 2010

The Veteran's appeal for an increased initial disability rating for restrictive type emphysema (secondary to asbestos exposure) has been dismissed due to the death of the appellant.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at a private facility due to an emergency condition. The Board has determined that the case should be remanded for further development and consideration of whether VA or other Federal facilities were feasibly available and capable of providing the necessary surgical procedure.

The Veteran's cause of death was bronchogenic carcinoma, which is not service-connected. The appellant did not establish qualifying service for VA nonservice-connected death pension benefits.

The Veteran does not have a current condition of swelling in his feet, legs and arms. The Board finds no evidence supporting the claims for service connection for sleep disorder, restless sleep, urinary disorder, or respiratory disorder.

The Board has dismissed the motion for revision of a decision based on clear and unmistakable error because there is no final decision to review.

The Board found that the Veteran did not serve in Vietnam and was not exposed to herbicides, thus denying service connection for Hodgkin's lymphoma.

The Board denied the Veteran's claim for service connection for cause of death, finding that his cancer did not begin in service and was not related to his military service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as there is no evidence of negligence or other fault on the part of VA in causing his bilateral foot disorder.

The Board denied the appellant's claim, finding that he was not permanently incapable of self-support by reason of mental or physical defect at the date of attaining 18 years of age.

The Board granted an initial increased rating of 30 percent for Crohn's Disease, effective November 17, 2006.

The Veteran's initial compensable disability rating for service-connected skin disorder is denied as his condition does not meet the criteria for a compensable evaluation under Diagnostic Code 7806.

The Veteran's death was caused by acute myocardial infarction and cor pulmonale, but there is no service connection for any disabilities. The Board denied the claim as there is no medical evidence linking these conditions to service or a service-connected disability.

The Board has determined that the Veteran's claims for service connection for post-traumatic iridectomy of the left eye and allergies have been denied. The claim for post-traumatic iridectomy of the left eye was not granted as there is no evidence to show it worsened during service, and the pre-existing condition existed prior to service. For allergies, there is no current diagnosis or evidence of exposure in service.

The Veteran was not rated as totally disabled at any time prior to his death, and therefore does not meet the minimum requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's right hip stress fracture did not meet the criteria for a compensable evaluation as it did not demonstrate impairment of the femur, flail joint, or limitation of motion that would warrant such a rating.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for profound osteoporosis has been dismissed due to the death of the appellant.

The Veteran's lung condition was incurred in, or caused by, his military service.

The Veteran's claim for an earlier effective date for the grant of a total rating based on individual unemployability (TDIU) is denied as he did not appeal the April 2004 decision awarding TDIU as of November 8, 2000.

The Veteran's skin disability, characterized as intertrigo, is currently rated at 10 percent disabling. The RO found that the condition does not meet criteria for a higher rating due to its limited extent and impact on employment.