Other conditions decisions — 2001

The Board is considering whether new and material evidence has been submitted to reopen the claim of service connection for the cause of the veteran's death, including as a result of exposure to Agent Orange. The issue will be reconsidered with consideration of finality and new and material evidence.

The Board found that the veteran's anal incontinence is reasonably related to and an unintended consequence of a VA hemorrhoidectomy and fistulectomy performed on January 17, 1992. The claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 has been granted.

The veteran's claims for service connection for low sperm count, calcified granulomas of the lungs, and stomach disorder were denied as there is no current diagnosis or evidence linking these conditions to service.

The Board is remanding the case to the RO for scheduling a Travel Board hearing, as the veteran requested. The case will be returned to the Board after the hearing.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 was denied because the additional disability did not result from the surgery and its proximate cause was not fault on the part of VA or an event not reasonably foreseeable.

The Board finds that the veteran sustained trauma to his front tooth during service and currently has a replaceable missing front tooth resulting from this in-service trauma, which qualifies him for outpatient dental treatment. The claim is granted.

The veteran claims compensation under 38 U.S.C.A. § 1151 for paraplegia resulting from a December 1995 surgery at a private facility, alleging negligence by the VA or the private doctor. The case is remanded to obtain additional medical records and provide the veteran with proper regulations.

The Board denied the veteran's claim for an initial rating in excess of 0 percent for hidradenitis suppurativa, finding that the evidence did not support a higher rating.

The Board denied service connection for the cause of the veteran's death and denied DIC benefits under 38 U.S.C.A. § 1318 due to a lack of evidence showing a causal relationship between the veteran's military service or any disability related thereto and his death.

The Board has determined that the veteran's right inguinal hernia does not meet the criteria for a compensable disability evaluation under VA rating criteria, and thus denied his claim.

The Board determined that the appellant does not meet the threshold service eligibility requirements for VA nonservice-connected pension benefits.

The Board has determined that the veteran's left foot drop is not service-connected as secondary to his service-connected lumbar spine fracture with post-traumatic changes. The claim was denied due to lack of well-groundedness.

The Board denied the veteran's claim for an earlier effective date for nonservice-connected disability pension benefits, finding that entitlement did not arise prior to July 1998 and that a final March 1997 rating decision precluded reopening of his claim.

The Board found no CUE in the April 1950 RO decision that assigned a 10 percent rating for service-connected residuals of a gunshot wound to the left thigh and buttock.

The veteran's claim for an increased evaluation for chondromalacia of the left patella is being remanded due to a need for additional development, including contacting a former VA physician and obtaining medical records.

The veteran's claims for service connection for histoplasmosis and uveitis are being remanded due to the need for additional development, including obtaining in-service hospital records and providing the veteran with another opportunity for VA examinations.

The Board denied the veteran's claim for service connection for a sleep disorder manifested by sleep loss, finding no evidence of such condition during or after military service.

The Board denied the claim for an earlier effective date for dependency and indemnity compensation benefits, finding that there was no legal exception or authority to grant such a request.

The Board denied increased ratings for the veteran's service-connected skin condition (erythema multiforme) and bilateral varicose veins, finding that his symptoms did not meet the criteria for a higher rating.

The Board has determined that the veteran's service-connected residuals of a mastoidectomy of the right ear do not present an exceptional or unusual disability picture, and thus does not warrant an extraschedular evaluation.