Other conditions decisions — 2011

The Veteran's appeal is being remanded due to procedural issues, including the need for a hearing before another Veterans Law Judge at his local regional office.

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

The Board has granted a 10% evaluation for the Veteran's service-connected residuals of right inguinal hernia, effective from the date of the decision.

The Veteran withdrew his appeal on the claim of service connection for herpes zoster including as secondary to a disability of the cervical spine, and the case is dismissed.

The Board has granted a 10% rating for the Veteran's right Achilles tendon strain, a 20% rating for his left elbow disability (including exostosis of the left olecranon and chronic medial epicondylitis), and a 20% rating for his right elbow disability. These ratings are effective as of the date of the decision.

The Veteran's service connection claim for a genitourinary disorder, claimed as urethral stricture disease, is granted because the evidence shows that his current condition was caused by an incident in service.

The Board denied the Veteran's request for an earlier effective date for NSC pension benefits and did not find new and material evidence to reopen his claim of service connection for radiation exposure.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at Erlanger Health System and Medical Center of Manchester from July 4, 2007 to July 6, 2007 is denied as the criteria for reimbursement under VA regulations were not met.

The Veteran's claim for service connection for a left elbow disorder is denied as there is no competent evidence of a current disability or in-service incurrence.

The Veteran's treatment at a private facility was not reimbursable as no VA facility was feasibly available to provide the services, and he could have been safely transferred to one.

The Board has determined that an apportionment of the Veteran's withheld VA compensation benefits to his father is not warranted due to the current living needs and financial support provided by other sources, including the Veteran himself.

The Veteran's marriage to his current spouse, RSH, is established. As a result, he is entitled to additional VA benefits for her as a dependent spouse due to his disability rating exceeding 30%.

The Board has remanded the case due to the Appellant's failure to appear for a scheduled videoconference hearing and his request to have his claims file transferred to the San Diego, California RO. The case will be heard at the RO according to the date of his July 2009 request.

The Board has determined that the Veteran's respiratory disorder, claimed as sarcoidosis, was not incurred in or aggravated by active service and is not related to service. The neck disorder claim is pending due to a lack of a Statement of the Case.

The Veteran's appeal for an increased evaluation of dysthymic disorder was withdrawn. The Board granted a total disability rating based on individual unemployability prior to March 3, 2011 due to the combined effects of his service-connected disabilities.

The Veteran's on-the-job training benefits were initially approved for March 2008, but the effective date was later amended to November 2007. The Board finds that further development is needed to determine the actual effective date of the program's approval by the State approving agency and when VA received the approval notice.

The Board found no evidence of a respiratory injury or disease in service, and the Veteran's symptoms were not chronic. The cause of death was broncho-pneumonia, which is not related to active service.

The Board has determined that there is no current diagnosis of a left hip disorder, and thus the Veteran's claim for service connection for this condition cannot be granted.

The Veteran's claim for service connection for pressure ulcers of both hips, to include as secondary to his service-connected diabetes mellitus, type II, is being remanded due to the need for additional development and an opinion regarding whether the ulcers are caused or aggravated by his service-connected diabetes.

The Board has denied the appellant's claim for DIC under 38 U.S.C.A. § 1151 based on VA treatment, and the case is being remanded to the RO for further consideration of additional evidence.