Other conditions decisions — 2011

The Board has reopened the Veteran's claim for service connection for status-post resection, frontotemporal meningioma due to new and material evidence. However, the preponderance of the evidence is against a finding that his postoperative residuals are related to his service, including as due to exposure to ionizing radiation therein.

The Veteran's service-connected chronic muscular back strain is currently evaluated at 20 percent, and the evidence does not support a higher evaluation based on incapacitating episodes or unfavorable ankylosis. The claim for TDIU remains pending.

The Veteran's countable income for 2008 exceeded the maximum annual income limit for non-service connected disability pension benefits, and therefore his claim is denied.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that her marriage to the Veteran cannot be deemed valid for VA purposes.

The Veteran's service-connected residuals of a subtrochanteric fracture of right femur, with postoperative residuals of open reduction and internal fixation, as well as right hip sprain, are currently rated at 10 percent. The current evaluation adequately reflects the functional limitations described by the Veteran.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's current onychomycosis is related to his active service, specifically while stationed in Panama. The claim for service connection is therefore considered 'mixed,' with some issues granted and others not.

The Board has remanded the case due to the appellant's request for a Travel Board hearing.

The Veteran's left hip disability, prior to October 27, 2008, is rated at 10 percent for arthritis with painful limitation of flexion. The claim for a higher rating remains denied.

The Board has granted service connection for the Veteran's left trapezius strain, finding that her current condition is related to a muscle pull she sustained during INACDUTRA service. The decision resolves doubt in favor of the Veteran.

The Veteran's sinus disorder is currently rated at 30 percent, effective from the date of claim. The Board finds that his symptoms are adequately compensated by this rating and does not meet the criteria for an extraschedular evaluation.

The Board denied the Veteran's appeal of his September 1994 decision denying educational assistance benefits, finding that he did not file a timely substantive appeal.

The Veteran's claims for service connection for dental and eye disabilities were denied as there was no evidence of disease or injury to the eyes during service, nor did he claim a superimposed injury. The Veteran's decreased visual acuity is due to refractive error and not a compensable disability.

The Board found that the Veteran's death was not caused by his active military service, and thus denied the claim for service connection for cause of death.

The Board denied a request for an earlier effective date of January 7, 2009 for the grant of a higher rate of DIC based on the need for aid and attendance.

The Veteran's left knee disability was not incurred in or aggravated by service, and the Board finds that continuity of symptomatology after service has not been demonstrated.

The Veteran's May 2007 heart attack, stent placement, and resulting emotional trauma were not caused by or aggravated by VA's discontinuation of Plavix in April 2007. The Board found no evidence of negligence on the part of VA.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Freeman Cancer Institute in Joplin, Missouri, from August 2008 to September 2008 was denied because the services were not provided in a hospital emergency department and did not meet all criteria under 38 U.S.C.A. § 1725.

The Veteran's claim for service connection for numbness in the right leg was denied, and his initial rating for PTSD was granted at a 50 percent level effective September 14, 2009. The Veteran is requesting a higher rating for PTSD.

The Veteran's claims for service connection for gastrointestinal and nasal disorders are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran seeks reimbursement for unauthorized medical expenses of $1,660.95 incurred on March 18, 2009 at Bailey Medical Center. The appeal is remanded due to procedural deficiencies and lack of evidence regarding the Veteran's enrollment in VA healthcare system within the past 24 months.