Other conditions decisions — 2013

The Board has determined that an effective date prior to November 24, 2008 for the grant of service connection for residuals of a left ankle sprain is denied. The Veteran's claim was not received within one year after separation from service and she did not file a notice of disagreement with the denial in February 2005. She submitted a request to reopen her claim on November 24, 2008.

The Board has remanded the case due to unclear information regarding the type and amount of Social Security benefits received by the Veteran's spouse, which is necessary for determining the reduction of VA pension benefits.

The Board has remanded the case due to the Veteran not receiving notice of his scheduled hearing at his most recent address. He is entitled to another opportunity for a hearing before a Veterans Law Judge of the Board.

The Board has granted the Veteran's claim of service connection for multiple myeloma, finding that his lay statements and medical evidence are sufficient to establish a nexus between his current condition and in-service chemical exposure.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board finds that the Veteran's death was not caused by a disability incurred or aggravated during his military service, and thus, denied the claim for service connection for cause of death.

The Veteran's claim for a rating in excess of 10 percent for degenerative joint disease of the right hip is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new examination.

The Board has determined that the appellant does not meet the eligibility requirements for a one-time payment from the FVEC Fund due to lack of active service as a member of the Philippine Commonwealth Army, including as a recognized guerrilla, in the service of the Armed Forces of the United States.

The Veteran's death occurred at his home in July 2010. The appellant applied for burial benefits, but the criteria for such benefits were not met due to various reasons outlined in the decision.

The Veteran's unauthorized medical expenses incurred at Cheyenne Regional Medical Center from November 1, 2006 to November 9, 2006 were denied because the services provided did not meet the criteria for emergency treatment in a medical emergency of such nature that delay would have been hazardous to life or health and VA facilities were feasibly available.

The Board has determined that additional records are needed to determine if the appellant's treatment was authorized by VA and whether he is eligible for reimbursement of unauthorized medical expenses. The appeal will be remanded to obtain these records.

The Veteran's service-connected bilateral foot dermatophytosis with onychomycosis does not warrant an evaluation in excess of the current 10 percent rating due to its limited impact on his body area and lack of systemic therapy.

The Veteran's appeal for a TDIU was dismissed due to his death.

The Veteran's right knee patellar pain syndrome has been rated at 30 percent since March 4, 2003. The Board found that the evidence supported a higher rating based on more severe symptoms and limitations.

The Veteran's claim for service connection for a respiratory disorder, as well as other peripheral neuropathy and fibromyalgia claims, was denied. The Board found that the preponderance of evidence did not support a finding that any current respiratory disorders are related to service or to a service-connected disability.

The Board has remanded the case due to incomplete service treatment records and the need for additional medical examination. The Veteran's claim of service connection for residuals of a right foot injury will be reconsidered.

The Board denied service connection for radiculopathy of the right lower extremity and bilateral upper extremities, finding no evidence of such conditions.

The Board denied the Veteran's claim for service connection for myelodysplastic syndrome with anemia, finding no evidence linking it to his military service or exposure to herbicides. The cause of death was attributed to respiratory failure due to blood cancer.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing before the Board. He has requested either a Travel Board hearing or a videoconference hearing at the RO.

The Veteran's service-connected residuals of left arm tissue removal status-post lymphangioma involving a 3 cm x 4 cm scar are manifested by no more than some tenderness, itching, a minimal elevation, and a minimal depression. The Board finds that the disability does not warrant an evaluation in excess of 10 percent.