Other conditions decisions — 2010

The Board found that the Veteran's death was not caused by VA medical treatment, and thus denied dependency and indemnity compensation under 38 U.S.C.A. § 1151.

The Veteran's left hip disability is rated at 10 percent disabling effective April 6, 2007. The Board finds that the evidence does not support a higher rating prior to this date.

The Board has determined that the Veteran's multiple basal cell carcinomas are as likely as not related to his service, including exposure to herbicide agents like Agent Orange. As a result, the claim for service connection is granted.

The Board has granted an apportionment of $49.00 per month to the Veteran's daughter J., based on her status as a helpless child, without causing undue hardship to the Veteran.

The Board has remanded the case due to the need for further development, including a VA examination. The appellant's claim is related to service connection for residuals of a back injury, which may be related to an in-service injury.

The Board found that the Veteran's abdominal aortic aneurysm did not manifest during service and is not related to his service-connected fibrous dysplasia of the right hip or hemorrhoids. Therefore, service connection for this condition was denied.

The Board found no evidence of an acquired psychiatric disability in service or within one year after discharge, and the Veteran's current symptoms did not meet the criteria for service connection.

The Board has granted service connection for a lung disability due to aggravation during service. The Veteran's left great toe fracture is also currently rated as noncompensable.

The Board has determined that the Veteran's service-connected PTSD substantially or materially contributed to his death from colon cancer, establishing service connection for the cause of death. The claim for an initial compensable rating for bilateral hearing loss is granted.

The Board has granted a 20 percent rating for the Veteran's traumatic arthritis of the MTP joint of the right foot, effective from January 1, 2004 to June 22, 2009.

The Board has granted a 40 percent rating for the service-connected right thigh disability, which more closely approximates severe damage to Muscle Group XIV. The Veteran's TDIU claim is also remanded due to changes in his combined rating.

The Veteran's claim for a compensable evaluation for left ear otitis externa was denied due to failure to report, without good cause, for a VA compensation examination. The evidence of record does not establish that the Veteran meets the criteria for a compensable evaluation.

The Veteran's service-connected left ulnar neuritis was initially rated as 10 percent disabling prior to July 3, 2008. Since then, the disability has been rated at 40 percent.

The Veteran's residuals of a right facial fracture have not resulted in loss of both the inner and outer tables of his skull, nor do they meet the criteria for a compensable rating under Diagnostic Code 5296. The small corneal opacity does not affect vision to a degree that would warrant a higher rating.

The Veteran received treatment for weakness at an emergency room, but the Board found that the evidence did not establish a medical emergency and thus denied reimbursement.

The Board finds that the Veteran's drug usage is the result of his own willful misconduct and not related to any service-connected disabilities. Therefore, the claim for service connection for substance abuse is denied.

The Board has determined that there is no evidence of a spine disability during service or for many years after service, and the Veteran's current spine disability was not related to her active military service. Therefore, the claim for service connection for a spine disability is denied.

The Board denied the appellant's request for an earlier effective date of June 29, 2004 for reinstatement of DIC benefits due to her remarriage and subsequent divorce from B.C.C. The decision found that the earliest date from which the appellant's claim could be granted is June 29, 2004.

The Board finds that the Veteran's left vocal cord paralysis is caused by a VA surgical procedure in May 2002, and this care was not due to his willful misconduct. The evidence is at least in equipoise as to whether the additional disability resulted from negligence or similar instance of fault on the part of VA.

The Board denied the Veteran's claims for service connection for loss of teeth due to periodontal disease and residuals of a fracture of the left mandible, finding that these conditions were not incurred or aggravated by service.