Other conditions decisions — 2011

The Board denied the petition to reopen the claim for service connection for a left leg disorder as a residual of a femur fracture, finding no new and material evidence since the previous denial.

The Board has determined that the Veteran's death was caused by his service-connected coronary artery disease, which is considered a direct result of his exposure to herbicides in Vietnam. As such, the appeal for service connection for the cause of death is granted.

The Board has determined that the Veteran's bilateral vitreous floaters are service-connected, but his other eye disabilities (other than vitreous floaters) are not. The claim for a right eye disability is remanded and will be addressed in a separate decision.

The Veteran's claim for an increased disability rating for his service-connected paralysis of the right diaphragm and thrombosis, right subclavian vein is being remanded due to the need for additional development including obtaining medical records and scheduling VA examinations.

The Board has denied the Veteran's claims for service connection for right and left hip disorders, as well as his requests for increased ratings for major depression and cervical degenerative disc disease. The application to reopen these claims is pending.

The Board found that the Veteran's breast reduction surgery did not result in any permanent worsening of her pre-existing condition and thus, there are no current residuals for which service connection can be granted.

The Board has remanded the case for a VA dental examination to determine if the Veteran's missing teeth nos. 8 and 9 were due to trauma during service, and whether any current maxillary or mandible bone loss is related to that trauma.

The Veteran's reflex sympathetic dystrophy and ulnar hyperesthesia of the right hand is rated at 70 percent, effective from January 31, 2006. The Veteran's residuals of blunt force trauma to the ring and little fingers are not rated higher than 10 percent.

The Board denied the appellant's request for an effective date prior to February 28, 2008, for the grant of service connection for the cause of the Veteran's death. The claim was received more than a year after the Veteran's death.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for purposes of entitlement to death pension benefits due to her remarriage after November 1, 1990.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA hospital on August 26, 2009. The criteria for emergency treatment were not met as there was no evidence that delay in seeking immediate medical attention would have been hazardous to life or health.

The Board has withdrawn the Veteran's request to reopen his claim for service connection for pneumonia. The appeal regarding a disability characterized by memory loss and confabulation, claimed as secondary to in-service pneumonia, remains pending.

The Board has determined that the Veteran's gout of the feet warrants a 20 percent rating, as it shows more than two exacerbations per year without producing definite impairment of health or resulting in incapacitation.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that it was decided on the merits without involving any new evidence or a presumption.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to address the nature, etiology, and severity of his throat cancer. The TDIU claim will also be addressed.

The Veteran's claim of entitlement to a compensable rating for his service-connected duodenal ulcer was denied. His claim of reopening the hiatal hernia claim has been reopened, but the issue of whether service connection is warranted remains unresolved.

The Board found that the Veteran's squamous cell carcinoma of the right tonsil is not service-connected, as there was no credible evidence to support his claim of exposure to ionizing radiation during active duty. The appeal was denied.

The Board has ordered additional development due to incomplete records and the need for a VA examination. The Veteran's claims for service connection are pending.

The Board found that the Veteran's current eye disability, including retained metal fragments in his right eye, is not related to his period of service. The claim for service connection was denied.

The Board found that the Veteran's current neck disability is not related to his service and denied his claim for service connection.