Other conditions decisions — 2012

The Board has remanded the case for additional development due to the need to obtain private treatment records and statements from the Veteran's private physicians.

The Board has remanded the case for additional development, including obtaining records related to a workers' compensation claim and scheduling VA examinations for respiratory and sleep disorders. The issues of service connection for a respiratory disorder and sleep disorder will be reconsidered after completion of the requested actions.

The Board has remanded the claims for service connection for cancer of the larynx and alopecia due to insufficient medical rationale provided by the Chief of Public Health and Environmental Hazards Officer (CPHEHO) in his December 2008 memorandum. The case must be returned to the CPHEHO for explanations that are simple enough for lay comprehension, including consideration of factors such as gender, employment history, and radiation exposure.

The Board has determined that the Veteran's skin rash disorder, including jungle rot and scarlet fever, was not incurred in or aggravated by active service. The multi-nodular neck goiter is also not shown to be related to military service.

The Veteran's application for higher priority VA medical care benefits was denied because he did not have a service-connected disability and his income exceeded the geographic means test thresholds.

The Veteran's claims for service connection for prostatitis and arthritis of bilateral hands and feet have been remanded to the RO.,No specific rating has been assigned, as the appeal is about service connection rather than a specific disability evaluation.

The Board has remanded the case for further development due to insufficient evidence to decide the claim of service connection for a right arm disability claimed as secondary to a service-connected shell fragment wound of the right shoulder.

The Board denied the appellant's claim for an initial evaluation in excess of 40 percent for his service-connected CRPS disability of the right lower extremity, finding that symptomatology consistent with a 60 percent evaluation under Diagnostic Codes 8520, 8620 or 8720 has not been demonstrated at any time during the appeal period.

The Board found that the Veteran's currently diagnosed respiratory disability is not related to service, including as secondary to asbestos exposure. The preponderance of evidence shows that his current condition was not incurred or aggravated by service.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected immersion foot disabilities and obtaining relevant medical records.

The Veteran died from congestive heart failure, and the appellant claims this was due to complications from hemorrhagic fever during service. The Board finds that a VA medical examination is needed to determine if the cause of death is related to service or service-connected conditions.

The Veteran's claim for service connection for hypospadias was denied in June 1975, and his request to reopen the claim was not successful. The Board also found that he did not have an acquired psychiatric disability related to service or a service-connected condition.

The Veteran's arthritic changes of the right foot and calcaneal spur are related to his in-service injury, and service connection is granted.

The Board found that the Veteran's current diagnosis of pleural plaques, which is already service-connected, does not constitute a new disability warranting additional compensation. The claim for mesothelioma was denied as there was no competent medical evidence linking it to his in-service asbestos exposure.

The Veteran's appeal is being remanded due to the need for a new VA examination to assess the current severity of his service-connected skin disability.

The Board denied the Veteran's request for a waiver of recovery of an advance payment of educational assistance benefits in the amount of $3,000.00 due to the lack of equity and good conscience.

The Board has determined that the Veteran's torn medial meniscus of the right knee was incurred in service, resolving doubt in his favor.

The claim for a one-time payment from the FVEC Fund is denied as the appellant does not meet the requisite legal requirements for obtaining such benefits.

The Board found that the surgery causing the Veteran's perforated posterior duodenal diverticulum was not provided by VA, thus denying her claim under 38 U.S.C.A. § 1151.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on May 21, 2008 at Memorial Hospital in Chattanooga was granted. The Board found that the nearest VA facility was not feasibly available and that the emergency treatment provided met all other criteria.