Other conditions decisions — 2011

The Board found that the appellant's character of discharge barred him from receiving VA benefits, and thus denied his appeal for severance of service connection.

The Veteran's appeal is remanded for further examination and to obtain VA treatment records. The issue of entitlement to an initial rating in excess of 30 percent for a service-connected chronic adjustment disorder prior to October 17, 2007, and in excess of 50 percent thereafter remains on appeal.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at a private hospital was denied because he did not meet the eligibility criteria under 38 U.S.C.A. § 1725, specifically failing to show receipt of VA care within two years prior to his July 17-20, 2008, treatment.

The Board has determined that the Veteran's menstrual abnormalities did not initially manifest during service and are not related to her service-connected anxiety disorder or medication. They have been linked to a thyroid disorder and uterine fibroids, both of which are unrelated to service.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at St. Francis Emergency Physicians on September 15, 2005 was denied because a VA facility was feasibly available to treat his right toe infection.

The Veteran's claim for service connection for the residuals of mononucleosis, to include a swollen liver, swollen spleen, and gall bladder surgery, is being remanded due to the need for additional development including obtaining relevant VA medical treatment records and SSA records. A new VA examination will also be conducted.

The Veteran's unauthorized medical expenses for treatment at King's Daughters Medical Center in Ashland, Kentucky from February 27 to March 1, 2008 were granted payment or reimbursement due to the emergency nature of his condition and the lack of availability of VA facilities.

The Board found that the Veteran's joint pain and memory loss are not related to service, attributing them to his service-connected fibromyalgia and other non-service connected conditions. The claim for service connection is denied.

The Board found that the Veteran's skin disorders, diagnosed as actinic keratosis and seborrheic keratosis, are not due to disease or injury incurred in service, nor may they be presumed to have been incurred during service. The evidence does not support a finding of direct service connection.

The Board found that the Veteran's death was not caused or contributed to by any service-connected disability, and no presumptive exposure to herbicides is established. The cause of death was listed as cardiopulmonary arrest and congestive cardiomyopathy.

The Board has determined that the Veteran's current diagnosis of degenerative joint disease of the right hip is related to an in-service injury, and thus service connection for this condition is granted.

The Veteran's appeal was denied as he did not meet the requirements for full-time educational benefits due to his enrollment being less than 12 credit hours at any point during the spring 2008 term.

The Board has remanded this case for further development due to the need for a VA examination to determine if there are any objective findings of residuals from a cold injury and whether such are related to service.

The Board found that the Veteran's service-connected bilateral knee disabilities, including treatment with NSAIDs and surgeries, did not cause or contribute substantially to his death from acute myocardial infarction.

The Veteran's service-connected fracture of the transverse process at L1 is currently rated as 20 percent disabling, and there is no evidence in the record to support a higher rating.

The appellant initially applied for special monthly pension based on the need for aid and attendance in October 2003, but his claim was denied multiple times due to a lack of evidence showing he required such assistance. The Board has now granted an effective date of October 9, 2003, for this benefit.

The Veteran's claims of service connection for back and neck disabilities are being remanded due to the need for additional development, including a VA examination.

The Veteran's left clavicle fracture residuals, including the residuals of fracture and its repair and residual surgical scar, had no disabling residuals beyond that analogous to a tender or painful scar without impairment of functioning of underlying parts for the entire rating period beginning up to one year prior to May 5, 2004.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board denied service connection for a right hip disorder, finding that it was not related to the Veteran's active military service or his service-connected lumbar spine disability. The claim for an increased rating for myofibrositis of the lumbar spine is also denied.