Other conditions decisions — 2011

The Board denied the appellant's request for retroactive payment of DEA benefits because he filed his application more than one year after notification of the initial rating decision establishing basic eligibility for DEA benefits. The effective date was set at September 22, 1987, but the claimant did not file within the required one-year period.

The Veteran's appeal for service connection for myopic astigmatism has been withdrawn, resulting in the dismissal of the case.

The Veteran's medical expenses incurred for an ATV accident are not eligible for reimbursement due to the 24-month waiting period requirement and other eligibility criteria.

The Board has remanded the case due to the need for additional development, including obtaining VA medical records and notifying the Veteran of what evidence is necessary to reopen his claim.

The Board has remanded the case for additional development due to concerns about Dr. R.M.T.'s February 2009 opinion and the need for further examination of the Veteran's hip condition.

The Board found that the Veteran's current right foot disorder was not caused by VA medical personnel's carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. The claim for compensation under 38 U.S.C.A. § 1151 is therefore denied.

The Board denied the Veteran's claims for an increased disability rating for his service-connected status-post L3 vertebral fracture and TDIU due to service-connected disability, finding that the evidence did not support a higher rating or entitlement to a TDIU.

The Veteran's low back disability, characterized by a demonstrable vertebral body deformity and moderate limitation of motion, is currently rated at 20 percent under the criteria for lumbosacral strain.

The Veteran's basal cell carcinoma was not incurred in or aggravated by his military service and is not related to any incident of service, including sun exposure. The claim for service connection is denied.

The Board has remanded the case due to inadequate and confusing notice regarding eligibility for benefits as a 'child of the Veteran'. The appellant needs to be informed about how his marriage affects his eligibility and what evidence he needs to submit.

The Veteran is seeking service connection for back pain with right trapezius spasm. The Board has ordered additional development to consider the in-service reports of experiencing back and shoulder pain after his motorcycle accident.

The Board denied the Veteran's claims for service connection for purpura and an initial disability evaluation in excess of 30 percent for PTSD. The Veteran's purpura was not found to be related to his service-connected Grover's disease, nor did it manifest during active military service.

The Board denied the Veteran's claim for service connection for chronic back pain and scoliosis, concluding that there was no current diagnosed disability to support a claim. The Veteran's complaints of back pain were not supported by medical evidence showing a current condition.

The November 1995 rating decision granted service connection for amputations of the right thumb and index finger, but rated them separately instead of as multiple finger amputations. The February 2011 rating action determined there was CUE in this decision.

The Veteran's claim for higher ratings for his service-connected low back disorder and mid-tibial stress fractures was denied. The Board found that the evidence did not support a compensable rating for mid-tibial stress fractures, and there were no additional disabilities resulting from the service-connected conditions.

The Veteran withdrew his appeal for an increased evaluation for residuals, head injury, to include cognitive deficit with dementia.

The Board denied the Veteran's claims for an earlier effective date for service connection of non-Hodgkin's lymphoma and his secondary skin cancer and sleep apnea, finding that the March 16, 2005 decision was not CUE.

The Veteran's appeal is remanded for further development, including a new VA examination to determine the current severity of his service-connected keloids and pruritus on chest, upper back, arms, and flank.

The Veteran's right shoulder disability, cervical spine disability, and radiculopathy of the right upper extremity are rated at 20 percent each since February 22, 2010. The effective date for a separate evaluation of the right upper extremity radiculopathy associated with the cervical spine condition is not established.

The Veteran's recurrent meningioma of the spinal cord was not found to be related to service, including presumed Agent Orange exposure.