Other conditions Board decisions

The Veteran's service-connected residuals of a fractured left femur with shortening of the leg are currently rated as 10 percent disabling, effective June 29, 2006. For the period prior to November 17, 2010, his disability is manifested by slight disability and does not warrant a higher rating under DC 5255.

The Board found that the Veteran's skin condition is not related to his military service or his service-connected residuals of cold weather injury and frostbite.

The Board has remanded the case for further development due to issues regarding the appellant's service-connected psychoneurosis and gastrointestinal disturbance, including consideration of other diagnosed gastrointestinal conditions.

The Board found that the Veteran's dizziness is not related to service and denied his claim for service connection.

The Board has granted a rating of 30 percent for the service-connected postoperative residuals of right (minor) biceps tendon repair with degenerative joint disease, which is the maximum schedular evaluation available. The Veteran's claim for an extraschedular rating was granted.

The Board has determined that the Veteran's claim to reopen his service connection for a skin condition of the feet cannot be granted as there is no new and material evidence presented, and thus the claim remains denied.

The Veteran's appeal is being remanded for further development, including clarification of the Under Secretary's January 2011 opinion regarding ionizing radiation exposure and tobacco use during service.

The Veteran's death was not due to a service-connected disability, including as a result of his presumed exposure to Agent Orange in Vietnam.

The Veteran's claim for an increased rating for Raynaud's syndrome was denied as the disability did not meet the criteria for a higher evaluation.

The Veteran's service is not considered a qualifying period for VA death pension benefits, as he did not serve during a period of war. The appeal is denied.

The Board has determined that the appellant's discharge from service was under other than honorable conditions, which acts as a bar to VA benefits. The appeal is denied.

The Veteran's rectourethral fistula and postoperative colostomy were not caused by VA carelessness, negligence, or similar instance of fault during the September 1997 radical prostatectomy for adenocarcinoma of the prostate. The event was reasonably foreseeable.

The Veteran's death was caused by sepsis due to staphylococcus infection, and the RO has already granted service connection for the cause of death. As a result, the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's claim for an increased rating for his service-connected right lower extremity disability is being remanded due to the need for a new VA examination and additional medical records.

The Veteran's death was caused by cancer of the esophagus, which is a disease subject to presumptive service connection due to exposure to ionizing radiation during his period of active service. The Board finds that this condition contributed substantially or materially to cause the Veteran's death and grants service connection for the cause of the Veteran's death.

The Board has determined that the severance of service connection for menometrorrhagia was improper and restored the Veteran's service connection.

The Board finds that the Veteran's right foot disorder was not caused by VA treatment and does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's unauthorized medical expenses incurred at Baptist Memorial Hospital-Desoto for treatment of a heart attack were reimbursed as the care was deemed necessary due to an emergency and VA facilities were not feasibly available.

The Veteran's appeal is being remanded due to his failure to report for a scheduled hearing and because he has now been represented by an attorney. The case will be processed again with the appropriate scheduling of a travel Board hearing.