Other conditions decisions — 2011

The Board has determined that the Veteran's chondromalacia patella and patellofemoral pain syndrome of the bilateral knees, as well as his compartment syndrome of the bilateral lower extremities, are related to his military service.

The Board has determined that the Veteran's eligibility for Chapter 1606 VA education benefits was suspended on November 14, 2008 due to unsatisfactory participation following her departure from the Selected Reserve. As such, she is ineligible for further benefits and the claim must be denied.

The appellant is not eligible for VA death benefits or payment from the Filipino Veterans Equity Compensation Fund as he does not meet the eligibility criteria.

The Board found that the Veteran's currently diagnosed back disability, claimed as degenerative joint disease (DJD), was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred in service.

The Veteran's unauthorized medical expenses incurred from November 22 to December 7, 2009 are denied as VA facilities were feasibly available for his treatment and he did not meet the criteria for reimbursement under 38 U.S.C.A. § 1725.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during non-VA ambulance transport and treatment at a private medical facility on May 5, 2009 is denied as he did not receive VA treatment within the required 24-month period preceding the emergency care.

The Veteran's prostatitis has been rated as 10 percent disabling since August 2006, effective from the date of his initial grant of service connection. The eye disorder was found to be incurred in active military service.

The Board denied the Veteran's claim for service connection for residuals of hernia repair on the basis of aggravation, finding that there was no evidence to support a nexus between his current condition and his active duty service.

The Board found that the evidence does not support a finding of service connection for hypertensive vascular disease as secondary to PTSD, and thus denied the claim.

The Veteran's neurological deficit of the lower extremities is not attributable to VA surgery or service-connected left knee disability, and therefore his claims for compensation under 38 U.S.C.A. § 1151 and secondary service connection are denied.

The Board found that the Veteran's back injuries are not related to his active duty service and denied both claims. The claim for residuals of a right side chest injury was previously denied in November 1986, and no new and material evidence has been received since then.

The Veteran's appeal is remanded due to the need for additional development, including gathering of VA and private treatment records, providing VCAA notice, scheduling a VA examination, and readjudicating the claim.

The Board has remanded the case for further development, including a VA examination to determine if TMJ syndrome is related to military service and any incident thereof.

The Board has determined that a new VCAA notice letter is required to address the specific disabilities for which the Veteran was service-connected at the time of his death, and to explain the evidence and information required to substantiate the DIC claim based on a non-service-connected disorder.

The Veteran's claim for a compensable initial evaluation for service-connected chronic demyelination/small vessel disease is being remanded due to the need for additional medical examination and development of her claims file.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding the relationship between his current right great toe and sinus disabilities and his service-connected conditions, as well as whether these disabilities are related to service.

The Board has determined that the Veteran's service-connected ulcerative colitis warrants a higher initial disability rating of 60 percent since his claim was filed.

The Veteran's adenoid cystic carcinoma of the left tonsillar fossa is being remanded for further development, including obtaining medical opinions regarding its etiology and whether it is related to service or exposure to herbicides.

The Board has remanded the case due to conflicting dates of discharge from active duty service. The Veteran's claim for educational assistance benefits under the Post-9/11 GI Bill will be reconsidered after verifying his exact date of release.

The Veteran's service-connected adjustment disorder with depressed mood is currently rated at 70 percent disabling effective March 13, 2006.