Other conditions decisions — 2011

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at the River Park Hospital on April 2, 2010 was denied because the treatment did not meet the criteria for emergency care and VA facilities were feasibly available.

The Veteran's service-connected right knee disability, characterized by degenerative joint disease and associated instability, pain, swelling, subluxation, locking sensation, and crepitus, is rated at 10 percent since June 13, 2005.

The Veteran's appeal is being remanded for further development of his increased rating claim and entitlement to a total disability rating based on individual unemployability (TDIU).

The Board found no evidence linking the Veteran's current gynecological problems to her military service, including her bacterial infections while in Korea. The claim for service connection was denied.

The evidence does not support a finding that the Veteran's colon cancer is related to his military service, including exposure to herbicides. The Board finds that the preponderance of the evidence is against the claim.

The Board has determined that the Veteran's broken teeth were not incurred in or aggravated by active service and thus denied his claim for service connection. The issue of eligibility for outpatient dental treatment was also addressed, but as no specific evidence regarding this aspect is provided, it remains unresolved.

The Veteran's right knee disability, including meniscus disease and a chondral defect, is currently rated at 20 percent. The examiner noted functional impairment but no instability or subluxation.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim for service connection for a tailbone condition, thus denying the appeal.

The Veteran's appeal involves two issues: the assignment of an effective date for a higher disability rating for narcolepsy and the grant of TDIU. The case is being remanded to obtain SSA records that may be relevant to these claims.

The Veteran's claim for an increased rating for service-connected pancreatitis is being remanded due to the need for additional VA treatment records and a new examination. The issue will be readjudicated after these actions.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of right middle lobectomy and right upper lobe wedge resection was denied as there is no evidence showing that the additional disability was caused by VA carelessness, negligence, lack of proper skill, error in judgment or similar fault.

The Veteran's claim for service connection for prostatitis and benign prostatic hypertrophy has been reopened, but the Board denied his claims for increased rating and earlier effective date.

The Veteran seeks service connection for myelodysplastic syndrome and anemia, claiming it is related to Agent Orange exposure during his service in Vietnam. The claim is remanded due to the need for a VA examination to determine the etiology of his current condition.

The Veteran's left below the knee amputation was caused by inadequate treatment at a VA Medical Center in March 2009, resulting in an additional disability. The recurrent incisional hernia is currently rated as 20 percent disabling.

The Board found that the appellant's discharge from military service was under conditions other than honorable due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The Board has determined that the Veteran's alopecia is presumed to have existed prior to service, and therefore granted his claim for service connection.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and issuing a SOC on the increased evaluation claims.

The Board denied the Veteran's claim for service connection for a chronic pulmonary/respiratory disability, finding that there was insufficient evidence to support the claim based on the June 2004 VA examination report and the lack of consideration of the June 2004 examiner's opinion.

The Board has determined that the Veteran's duodenal ulcer disability does not warrant a rating in excess of 10 percent, as his symptoms do not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The VA denied the Veteran's claim for an initial disability rating in excess of 10 percent for necrotizing fasciitis of the right knee, finding that his symptoms did not warrant a higher evaluation based on the current evidence.