Other conditions decisions — 2011

The Board found no direct service connection for the Veteran's pulmonary disease and concluded that it was not incurred or aggravated by his active military service. The cause of death due to end-stage chronic obstructive pulmonary disease, which is presumed to be related to Agent Orange exposure, was also denied.

The claim for Dependency and Indemnity Compensation (DIC) benefits, including non-service connected death pension benefits, is being remanded due to the need for additional development regarding income eligibility requirements.

The Board has determined that the Veteran's current diagnosis of adjustment disorder with depressed mood is proximately due to his service-connected hearing loss, and thus grants service connection for this condition.

The Board has determined that the Veteran's fractured tooth number 9 was incurred during military service and grants his claim for service connection.

The Veteran's cause of death, adenocarcinoma with metastatic lesion of the liver, primary unknown, is not attributable to service or any presumptive exposure. The claim for DIC benefits based on this condition has been denied.

The Veteran's residuals of a left thumb injury are manifested by pain, loss of motion, and reduction of grip strength. The Board has determined that the disability does not meet or approximate the criteria for a higher rating.

The Board is uncertain about the Veteran's service periods and their character due to inconsistencies in his DD214. The case is REMANDED for further development involving obtaining his service administrative and personnel records, as well as UCMJ records related to his court martial.

The Board has decided that a VA examination is needed to determine if the Veteran's varicose veins are related to his period of active service. The case will be returned to the RO for further action.

The Veteran's appeal is remanded due to the need for a complete record, including an audit of his account and consideration of the validity of the overpayment creation.

The claims for Dependency and Indemnity Compensation (DIC) benefits, based on service connection for the cause of the Veteran's death, DIC benefits pursuant to 38 U.S.C.A. § 1318, and Death pension benefits are all denied as the appellant is not considered a child of the Veteran.

The Veteran is seeking service connection for Reynaud's syndrome of the right hand, which he claims is a residual of a cold weather injury during active duty. The Board has determined that additional development is needed to determine if there are any residuals from such exposure and whether they are related to his current condition.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Baptist Medical Center from January 24, 2010 to February 3, 2010 is denied because he had Medicare coverage and thus met the criteria for denial under VA regulations.

The Board denied increased ratings for varicose veins of both legs, finding that the Veteran's symptoms did not meet the criteria for a higher rating under Diagnostic Code 7120.

The Board has dismissed the appeal due to the Veteran's death, as it does not have jurisdiction to adjudicate the merits of this claim.

The Veteran's sinus disability is rated at 30 percent, the highest schedular rating available. The evidence does not support a higher evaluation as there are no incapacitating episodes or more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting.

The Board has remanded the case due to a need for another Travel Board hearing, and the service connection claim is pending with an issue about reopening a previous claim.

The Board found that the Veteran's right eye blindness was not caused by VA negligence or carelessness, and thus denied her claim under 38 U.S.C.A. § 1151.

The Board found no new and material evidence to relate the Veteran's death-causing stomach cancer and peptic ulcer to his service, thus denying the claim of reopening.

The Veteran's claims for increased ratings for his right and left Achilles tendonitis, as well as his right shoulder disability and patellofemoral pain syndrome were denied. The Veteran is currently rated at 10% for bilateral Achilles tendonitis.

The Veteran's service-connected residuals of burns to the thighs, buttocks, perianal and perineum area are manifested by two visible scars with no limitation of motion or function. The Board finds that an evaluation in excess of 40 percent is not warranted.