Other conditions decisions — 2012

The Board denied service connection for the cause of the Veteran's death due to lack of evidence linking his lung cancer to active military service, and because he did not serve in Vietnam or have exposure to Agent Orange.

The Veteran's death was not service-connected, but he is eligible for a plot or interment allowance due to his eligibility for burial in a national cemetery and the place of final disposition being at a privately owned cemetery.

The Veteran's service-connected left inguinal hernia disability is rated at 30 percent since June 4, 2008. The claim for an earlier effective date and extension of the temporary total rating are denied.

The Board finds that the Veteran's dystonia symptoms were chronic in service and have been continuous since service separation. The evidence is in equipoise on whether the dystonia began during active duty, with some lay and medical evidence supporting this claim.

The Board found no current residuals of the direct laryngoscopy performed during service and denied the Veteran's claim for service connection.

The Veteran's claim for a TDIU was denied as his service-connected schizoaffective disorder did not meet the criteria for entitlement to TDIU, and no new or material evidence had been submitted within one year of the November 2007 rating decision.

The Board has determined that the Veteran's myelodysplastic syndrome (MDS) is related to his in-service exposure to herbicides, specifically Agent Orange. As such, service connection for MDS as secondary to presumed in-service herbicide exposure is granted.

The Board has denied the appellant's request for an earlier effective date for the granting of nonservice-connected pension benefits, finding that the earliest date of claim is December 31, 2008.

The Board has determined that the Veteran's unauthorized medical expenses incurred from September 17, 2009 to October 16, 2009 at TLC are eligible for reimbursement due to his non-service-connected conditions and the inability of VA facilities to provide appropriate care.

The Board has determined that the Veteran's chronic skin disorder is due to an undiagnosed illness and meets the criteria for service connection.

The Veteran claims compensation under 38 U.S.C.A. § 1151 for a left hip disorder with foot drop to include blood clot, which he contends was caused by an improper bone marrow biopsy at the Minneapolis VA Medical Center in September 2008. The Board finds that additional development is needed to determine if informed consent included risks of hematoma, nerve damage, and drop foot.

The Veteran's claim for service connection for colon cancer due to exposure to ionizing radiation during his military service has been denied as there is no evidence of such exposure and the disease was not shown within one year post-service.

The Veteran's claim for nonservice-connected VA pension was denied because his service did not meet the required wartime period as defined by law.

The Veteran's claim for service connection for a bilateral eye disability is being remanded due to the need for additional development, including obtaining VA treatment records and seeking authorization for non-VA medical records.

The Veteran's claim for service connection for chronic acute myelogenous leukemia, claimed as due to herbicide exposure, has been granted by a new VA regulation creating a presumptive basis. As the claim is no longer pending, it is dismissed.

The Veteran's claim for an increased rating for his service-connected GSW of the right thigh affecting Muscle Group XIV was granted, with a disability rating of 40 percent.

The Board has granted service connection for diffuse muscle and joint pain, sleep problems, forgetfulness, concentration issues, and irritability.,These conditions are considered to be directly related to the Veteran's service-connected disabilities.

The Veteran's right ankle disability, which was initially manifested as a fracture with internal fixation, has been rated at 20% prior to May 27, 2005 and at 30% since then. The current rating of 30% is based on marked limitation of motion due to malunion of the tibia and fibula.

The Board found that the Veteran's memory loss is not due to VA treatment, and thus denied her claim for compensation under 38 U.S.C.A. § 1151 for a brain disorder manifested by memory loss. The TDIU claim was also denied as there are no service-connected disabilities preventing her from securing or following substantially gainful employment.

The Board finds that the appellant's condition stabilized after October 26, 2011, allowing for transfer to a VA facility. As such, payment or reimbursement is granted for medical expenses incurred from October 26, 2011, to October 31, 2011.