Other conditions decisions — 2015

The Board has determined that there is no current evidence of an inguinal hernia or a skin disability (leukoderma gutata) and finds the Veteran's claims for service connection to be denied.

The Veteran's service-connected shell fragment wounds to the left zygomatic arch are currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 7800 for scars with two or three characteristics of disfigurement. The right maxillary antrum area has no visible scars or functional impairment warranting a compensable rating. The service-connected shell fragment wounds to the right forearm are currently rated at 10 percent and do not meet criteria for a higher rating.

The Veteran's claim for service connection for a prostate disability is being remanded due to the need for additional medical records and examination. The appeal will be reconsidered after these are obtained.

The Veteran's facture, left tibia with osteomyelitis, calf atrophy and procedural deformity has been rated at 30 percent since the January 2007 rating decision. The most recent VA examination in February 2013 did not reveal active osteomyelitis or other signs of bone disease.

The Veteran's appeal was denied for service connection of a lung disability and an initial non-compensable rating for bilateral hearing loss. The case is being remanded to obtain additional medical records.

The Board found that the appellant does not have a current disability manifested by elevated liver enzymes, and thus denied his claim for service connection.

The Board has remanded the case for obtaining additional private medical records to support the appellant's claim for service connection for the cause of the Veteran's death.

The Veteran's death and burial were not eligible for the requested plot or interment allowance due to his having been buried in a national cemetery. The issue of nonservice-connected burial allowance is remanded as it was part of the appellant's original claim but not addressed.

The appellant's claim for accrued benefits was filed over one year after the Veteran's death, which is beyond the legal requirement of filing within one year. Therefore, her claim is denied.

The Board has remanded the case for a videoconference hearing before a Veterans Law Judge due to the appellant's request. The appeal is not about service connection and thus does not involve any conditions or exposure basis.

The Veteran's current diagnosis of chronic lymphocytic leukemia is service-connected due to presumed exposure to herbicides in Thailand, and the Board grants this claim.

The Board has remanded the case due to the Veteran's hospitalization and requests for rescheduling his hearing. The appeal is now pending with the AOJ.

The Board finds that the Veteran's disabilities do not render him so helpless as to require regular aid and attendance, thus denying his claim for special monthly pension based on need for aid and attendance.

The Board has reopened the Veteran's claim of service connection for a respiratory condition, including as due to an undiagnosed illness based on Persian Gulf War service. The evidence is at least in equipoise regarding whether reactive airway disease is related to service exposure to environmental hazards during service.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore denied his claim for service connection for the cause of his death.

The Board denied the Veteran's claims of service connection for PID, a bladder condition secondary to PID, and a hysterectomy secondary to PID. The evidence did not support these claims as there was no current diagnosis or medical opinion linking these conditions to her active military service.

The Veteran's application for nonservice-connected pension was denied due to his income exceeding the maximum annual pension rate. The Board has ordered additional information regarding unreimbursed medical expenses and whether the Veteran's daughter is a dependent child or constructive member of his household.

The Board denied the appellant's claim for retroactive payment of dependency benefits from January [redacted], 2008 to August 27, 2008 due to lack of legal merit.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Flagler Hospital on February 16, 2012 is denied as he was not enrolled in the VA health care system and had not received VA medical services within the 24-month period preceding his treatment.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the current severity of her service-connected left eyelid disability and obtaining Social Security Administration records.