Other conditions decisions — 2010

The Board found that the Veteran does not have residuals of a head injury that is shown by the most probative evidence of record to be etiologically related to service.

The Veteran's claim for service connection for a low back disability was denied as there is no evidence of any in-service injury or disease that led to the current condition.

The Veteran's service-connected otitis media with associated bilateral hearing loss has been rated at 40 percent since October 21, 2009.

The Board has granted service connection for a right hip disorder, finding that it is chronically aggravated by the Veteran's service-connected low back strain. The claim of entitlement to an increased rating for low back strain remains in appellate status as the maximum available rating (40 percent) has been awarded.

The Board has granted a 40 percent rating for the Veteran's thoracic spine disability effective from April 20, 2010. The effective date was based on an October 2007 VA examination finding forward flexion limited to 30 degrees.

The Veteran's appeal to reopen a previously denied claim of service connection for basal cell carcinoma, to include as secondary to ionizing radiation exposure has been dismissed due to the favorable decisions by the RO.

The Board denied the Veteran's claims for service connection for bilateral foot fungus and low spine disability, finding that there was no credible evidence linking these conditions to his military service.

The Veteran is seeking service connection for an autoimmune disease, including lupus and Kukichi Fujimoto Syndrome, as due to herbicide exposure and asbestos exposure. The appeal is remanded due to the need for additional medical records.

The Veteran's claim for service connection for a chronic sinus disorder is being remanded due to the need to verify in-service treatment and obtain medical evidence.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of the claims regarding service connection and rating.

The Veteran's request for a waiver of overpayment of $1,739.60 in VA dependency compensation benefits is granted due to the fault being outweighed by VA's failure to timely adjust her disability compensation award.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Albany Medical Center on July 14, 2007 was denied because he had not received medical services under authority of 38 U.S.C. Chapter 17 within the 24-month period preceding the furnishing of the emergency treatment. Additional development is needed to determine if the Veteran had received prior VA medical services.

The Veteran's unauthorized medical expenses of $231.53 for treatment on January 18, 2006 at Orlando Regional Healthcare System are approved as the condition was not service-connected and a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous.

The Board found that there was no chronic underlying disability to account for the Veteran's complaints of leg cramps, and thus concluded that service connection for leg cramps could not be granted.

The Board has remanded the case due to insufficient evidence regarding a current bilateral leg disability and its relationship to service or service-connected conditions.

The Veteran's service-connected prostatitis and right epididymitis do not meet the criteria for a TDIU as his combined rating is only 20 percent, which does not meet the required percentage of disability. The Board also found that he has other nonservice-connected disabilities preventing him from securing and following substantially gainful employment.

The Board found that the residuals of a self-inflicted abdominal gunshot wound are not causally related to the service-connected dysthymic disorder and thus denied the claim for secondary service connection.

The Veteran's claims for service connection for cystitis and inflammatory bowel disease were denied. The Board found that the Veteran's current conditions did not manifest during her period of active service or are related to her service-connected herniated surgical scarring with recurrent surgical intervention for adhesions of small bowel and umbilicus.

The Veteran's claims for service connection for bilateral foot disorders and bilateral Achilles tendinitis, as well as his claim for SMC based on loss of use of the right foot, were denied. His claim for financial assistance in purchasing an automobile or other conveyance and adaptive equipment was also denied.

The Veteran's claim for service connection for loss of teeth and dental treatment was granted. The decision does not specify the exact rating assigned or effective date.