Other conditions decisions — 2010

The VA examiner determined that the Veteran's fatal glioblastoma was not related to his in-service stroke, and thus denied service connection for the cause of death.

The appellant is seeking an earlier effective date for Chapter 35 Dependents' Educational Assistance benefits, which were initially awarded on March 10, 2007. The case has been remanded due to the need for additional consideration of submitted evidence.

The Veteran's claim for special monthly compensation based on the need for aid and attendance of another person or at the housebound rate is being remanded due to insufficient evidence in the claims file. The RO must ensure all notification obligations have been satisfied, obtain any outstanding medical records, schedule a VA examination, and readjudicate the claim.

The Veteran's unauthorized medical expenses incurred at Jennings American Legion Hospital from April 12, 2006 through April 14, 2006 are eligible for payment due to the nature of his condition and the inability to safely transfer him to a VA facility.

The Veteran's unauthorized medical expenses incurred on January 5, 2009 were not reimbursable due to lack of prior authorization and the availability of a VA facility.

The Board finds that the Veteran's bilateral leg disability is not due to carelessness, negligence, or lack of proper skill on the part of VA in performing his aorto-bifemoral bypass grafting surgery. The additional disability was likely pre-existing and unrelated to the 1997 VA surgery.

The Veteran's left foot disorder, including loss of feeling, weakness, hammertoe, and bunions, is considered to have been aggravated by his military service. The Board has resolved all reasonable doubt in the Veteran's favor.

The Board denied the Veteran's claim for compensation under 38 U.S.C.A. § 1151, finding that his partial loss of voice was not caused by negligence or similar fault on the part of VA and was not an event not reasonably foreseeable.

The Veteran's claim for service connection for adenocarcinoma of the sigmoid colon, including as due to exposure to an herbicide agent, is being remanded for additional development. The Board will consider whether there is at least a 50% probability that the cancer was incurred or aggravated during his military service.

The Board denied the Veteran's claim for service connection for genitourinary disability, including prostatitis, urethritis, and dysuria. The appeal is based on a direct relationship to service without any presumption or secondary service connection.

The Board found that the Veteran's cause of death was not related to his active service, including exposure to herbicide or ionizing radiation.

The Veteran's service-connected residuals of a fractured left great toe with DJD are currently rated at 10 percent prior to August 4, 2009, and 30 percent since that date. The Board finds no basis for granting higher ratings.

The Board found that the Veteran's current eye conditions, including macular degeneration, retinal hemorrhage, macular edema and pucker, macular hemorrhage, and drusen of both eyes, were not incurred in or aggravated by his military service. The evidence did not establish a link between his service and these conditions.

The Board denied the claim for an increased (compensable) rating for residuals of right mandible condyle fracture, finding that there was no displacement of the mandible and that loss of masticatory function and related pain were due to tooth loss rather than service-connected residuals.

The Veteran's right sacroiliac degenerative joint disease is due to his service-connected leg length discrepancy, and he does not have a hip condition. His claim for increased rating for right knee DJD remains unchanged.

The Board denied the Veteran's claim for an initial rating in excess of 20 percent for TMJ disorder with headaches and ear pain, finding that her symptoms more nearly approximated a 20 percent disability rating.

The Veteran's service-connected right lower extremity disabilities have been rated based on the severity of his muscle injuries and nerve damage. The appeals for increased ratings are denied as the current ratings adequately reflect the severity of these conditions.

The Veteran's claim for service connection for a dental disorder for compensation purposes is denied as there is no evidence of loss of teeth due to trauma or disease, and the Veteran did not seek compensation.

The appellant has withdrawn her appeal for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, leaving only the issue of service connection for the cause of death.

The Veteran's current bilateral foot disorder is not considered to be related to his service, as there is no evidence linking the condition to events or exposures during active duty.