Other conditions decisions — 2011

The Veteran's appeal is being remanded to allow for further development of the record, including a VA examination and obtaining additional medical records.

The Board has determined that the Veteran's service-connected right and left foot dermatophytosis do not warrant a compensable rating under VA disability evaluation criteria.

The Veteran's laryngeal cancer is presumed to have been incurred in service due to herbicide exposure. The Board found new and material evidence for his herniated nucleus pulposus at L4-L5, granting service connection.

The Board denied both the claim for legal entitlement to VA death benefits as a child of the Veteran and the accrued benefits claim, finding that new and material evidence had not been submitted to reopen the former claim and that the appellant did not meet eligibility requirements for accrued benefits.

The Veteran's death was caused by cancer of the head and neck, which is not service-connected. The Board found no evidence linking the cancer to his military service or exposure to herbicides.

The Veteran's appeal is being remanded to the RO for further consideration of his claim, including any new theories of entitlement and evidence submitted since the last decision.

The Veteran's unauthorized medical expenses incurred at MIMC from February 13, 2008 to March 3, 2008 were granted as the treatment was for a continued medical emergency and VA facilities were not feasibly available.

The Veteran likely has herpes simplex II infection that is attributable to his active military service and the Board finds that he currently suffers from this condition as a result of his time in service.

The Veteran's service-connected aortic valve replacement disability was evaluated as 30 percent disabling prior to March 31, 2003 and as 60 percent disabling from December 28, 2009. The claims for increased ratings were denied, and the claim for TDIU prior to March 31, 2003 was also denied.

The Veteran's service-connected conditions were rated appropriately throughout the appeal period, with increased ratings granted effective November 19, 2009.

The Board found that the Veteran's left testicle was likely acquired during service and granted special monthly compensation for anatomical loss of a creative organ.

The Board found that the Veteran's colon cancer is not attributable to ionizing radiation exposure during service, and thus denied his claim for service connection.

The Veteran's service-connected disc bulges at L4-5 and L5-S1 are found to be the result of aggravation by his service-connected orthopedic disabilities, specifically related to an in-service excision of a benign tumor from the left femur. The depression rating is maintained at 30 percent.

The appellant's claim for DIC benefits was received by VA on October 22, 1998. The Board found no earlier claims or communications from the appellant seeking entitlement to service connection for the cause of the Veteran's death prior to this date.

The Board has determined that the appellant does not have a current disability related to his service-connected injuries, and thus, denied his claims for service connection.

The Board has determined that the Veteran's gynecological disorder, including ovarian cysts and endometriosis, was incurred in service and is related to her active duty. As such, the claim for service connection is granted.

The Veteran's unauthorized medical expenses incurred on January 11, 2010 for non-service-connected diarrhea were not reimbursable because there was no emergency condition requiring immediate treatment and feasible VA facilities were available.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing at the RO.

The Board has remanded the case to the RO for additional development, including scheduling a VA eye examination and requesting a complete employment history from the Veteran. The claim will be readjudicated after these actions.

The Board denied service connection for the cause of the Veteran's death and denied DIC benefits under 38 U.S.C.A. § 1318, finding that there was no evidence linking the cause of death to active duty or a service-connected disability.