Other conditions decisions — 2001

The Board denied service connection for the cause of the veteran's death due to lack of evidence linking the condition to service or a service-connected disability.

The Board found that the veteran did not have a right inguinal hernia during his active duty for training period and denied service connection.

The veteran's application to reinstate improved disability pension benefits from November 1, 1997 was denied because the unreimbursed medical expenses reported in 1998 and 1999 were not submitted within the required time frame.

The veteran's appeal is remanded due to unclear evidence regarding the level of amputation and a possible issue of CUE in previous rating decisions. The case will be adjudicated again with these issues addressed.

The Board has denied the veteran's claim of service connection for recurrent pneumonia, which he claimed as a lung condition. The denial is based on the grounds that it was not well-grounded.

The veteran's degenerative disk disease of L4-5 is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability.

The veteran's right foot strain with stress fractures of the third and fourth metatarsals is rated at 20 percent disabling, while his left foot strain is rated at 10 percent. Both conditions are considered to be directly related to service without any presumption or secondary connection.

The Board has determined that the veteran's residuals of multiple fragment wounds of the right leg do not warrant a rating in excess of 20 percent.

The veteran's claim for service connection for throat cancer is denied as he does not have the condition.

The veteran's claim for service connection for residuals of a neck injury is being remanded due to the need for additional development, including obtaining medical records and providing the veteran with an examination.

The veteran's widow is seeking reimbursement for the cost of her husband's care at a nursing home from February 3, 1994 to February 21, 1995. The claim was previously denied and requires additional development.

The veteran's appeal is denied as there is no clear and unmistakable error in the November 1981 rating decision that established service connection for right eye iridoplegia residual to injury.,The veteran's claim of entitlement to an evaluation in excess of zero percent for service-connected right eye iridoplegia residual to injury is denied. The condition manifests by no more than light sensitivity, pain, and some difficulty focusing, without evidence of active right eye pathology.,The veteran's claim of entitlement to an extraschedular evaluation (in excess of 50 percent) for service-connected migraine headaches is granted. Service-connected migraine headaches are totally disability, warranting a 100 percent evaluation.,The veteran's appeal for an effective date prior to May 27, 1997, for award of TDIU benefits is denied.

The Board has determined that the veteran's death was caused by his service-connected schizophrenia, which led to nicotine dependence and ultimately resulted in oat cell carcinoma. The appellant is therefore granted entitlement to service connection for the cause of her husband's death.

The Board granted an increased evaluation of 10 percent for the gunshot wound to the left foot, but denied service connection for hallux valgus/hallux limitus. The claim for PTSD was also granted with a 50 percent disability rating.

The veteran's claim for an increased rating for his service-connected bronchiectasis is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied the appellant's claims for a rating in excess of 10 percent for his right elbow disability and service connection for cervical and lumbar spine disabilities, finding that the evidence did not support higher ratings or service connection.

The Board denied an increased evaluation for post-operative nasal septum deviation, finding that the veteran's symptoms did not meet the criteria for a compensable evaluation under either the old or new rating criteria.

The veteran's post-radiation urethral strictures and actinic keratoses are considered to be additional disabilities resulting from VA-provided medical treatment, meeting the criteria for compensation under 38 U.S.C.A. § 1151.

The Board has dismissed the matter as it does not have original jurisdiction to decide eligibility for direct payment of a withheld contingency fee under 38 U.S.C.A. § 5904(d).

The Board of Veterans' Appeals denied the veteran's request to reopen his claim for service connection for a cardiac disorder, finding that there was no evidence to support the claim based on the provided medical opinions and records.