Other conditions decisions — 2014

The Veteran's burial benefits were granted and paid in August 2005, and there is no other possible legal theory of entitlement to any further burial benefits. The claim for accrued benefits was denied because the appellant did not have an outstanding claim at the time of the Veteran's death.

The Board has determined that a VA examination is needed to assess the nature and probable etiology of any current swelling of the feet or disability manifested by swollen feet, as the Veteran's claims file must be made available to the examiner for review.

The Board has ordered additional VA examinations and reviews of the Veteran's medical records to determine if his current conditions are related to service-connected disabilities or other factors. The issues regarding increased evaluations for tinea versicolor, Hepatitis C with fatigue and depression, and a TDIU have also been remanded.

The Veteran's skin disability is being remanded for additional development, including obtaining his service personnel records and VA treatment records. The examiner will need to determine if the condition had its clinical onset during active service or is related to any in-service disease, event, or injury, particularly Agent Orange exposure.

The Veteran's unauthorized medical expenses incurred for treatment of a left tibia and fibula fracture were not authorized in advance by VA, and the claim is denied as he does not meet the criteria for reimbursement under 38 U.S.C.A. § 1728.

The Board has remanded the case for additional development and notification, including providing proper notice regarding what evidence would be needed to substantiate her application to reopen the claim of entitlement to death benefits, to include DIC and death pension.

The Veteran's appeal is being remanded for additional development, including obtaining a letter from his eye surgeon regarding the possible link between his ocular cancer and exposure to Agent Orange.

The Veteran's service-connected residuals of a broken right index finger and broken right middle finger have been granted initial noncompensable ratings, but the Board has determined that compensable ratings are warranted based on the current evidence.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing a supplemental opinion regarding the nature and etiology of his back injury and chest pain.

The Veteran's non-Hodgkin's lymphoma and anemia have been rated at 10 percent since April 30, 2004. The Board found that the evidence does not support a higher rating for either condition.

The Board denied service connection for chronic nosebleeds and fatigue due to undiagnosed illnesses, finding that the Veteran's fatigue is attributable to known clinical diagnoses (obstructive sleep apnea, morbid obesity, and deconditioning).

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claim for service connection for a dental disorder, and thus the claim is denied.

The Veteran's service-connected right upper extremity disabilities have been rated as 10 percent for each condition, but the evidence does not support a higher rating.

The Veteran's service-connected back disability has been manifested by forward flexion to no less than 70 degrees, accounting for pain on motion and after repetition; combined range of motion to no less than 180 degrees, accounting for pain on motion and after repetition; no muscle spasm or guarding severe enough to result in abnormal gait or abnormal spinal contour; and no incapacitating episodes. As such, the criteria for an increased evaluation in excess of 10 percent have not been met.

The Board has ordered additional development of the Veteran's VA treatment records from March and September 2013, as well as any other ongoing VA treatment records. The case will be returned to the AOJ for readjudication.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at North Dakota State Hospital from December 18, 1997 to January 22, 1998 and on May 19, 1998 is denied as the treatment was not rendered within two years after the date of service connection for a psychiatric disability.

The Board has determined that the Veteran's fatal Chronic Myelogenous Leukemia (CML) was related to his in-service exposure to toxic substances, including benzene. Therefore, service connection for the cause of the Veteran's death is granted.

The Board has determined that the Veteran's testicular atrophy, with loss of the right testicle, is related to his active duty service and grants service connection for this condition.

The Board found that there are no current clinical residuals of a circumcision performed during service, and thus denied the Veteran's claim for service connection for residuals of a circumcision.

The Veteran's claim for an earlier effective date for TDIU is being remanded due to the need to obtain additional VA and SSA records.