Other conditions decisions — 2003

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for disability claimed as due to gastric surgery performed during a June 1966 to August 1966 VA hospitalization was denied.

The Board denied service connection for Crohn's disease on a direct basis and as secondary to the pilonidal cyst. The veteran was granted a zero percent rating for residuals of a pilonidal cyst, but his claim for TDIU benefits was also denied.

The Board has determined that service connection for ankylosing spondylitis is granted due to aggravation during service.

The veteran's service connection for PTSD is granted, and as a result of his alcohol abuse due to PTSD, he has chronic pancreatitis. The Board grants secondary service connection for the pancreatitis.

The veteran's conditions, including stroke, lung abscess, permanent nerve damage to the feet and legs, loss of memory, nervous breakdown, and loss of two teeth, were not determined to be caused by or aggravated by VA medical care. The Board found that there was no evidence of negligence or improper medical care.

The veteran's claim for an increased rating for the service-connected postoperative deviated septum was denied as he does not meet the criteria for a 10% rating under Diagnostic Code 6502.

The veteran withdrew his appeal for service connection for reduced vision, claimed as secondary to residuals of shrapnel wound to the right eye.

The veteran's unauthorized private medical expenses incurred on January 26, 2001 were denied reimbursement due to lack of prior authorization and the fact that the treatment was not for a service-connected disability.

The veteran's appeal is being remanded to the RO for additional development of evidence, including VA clinical records and a May 2003 report of VA examination. The case will be returned to the Board after this review.

The VA surgery to remove the veteran's left kidney and part of his 11th rib was deemed necessary for medical reasons, but it did not result in additional disability beyond what was already present. The tuberculous pleurisy is inactive and does not warrant an increased rating.

The veteran's claim for additional benefits for a dependent spouse from November 1995 to February 2000 was denied as there is no evidence of marriage prior to January 2000, and the divorce certificate was received after this period.

The Board denied service connection for the cause of death due to acute myeloid leukemia, finding no evidence linking it to military service. The claim for service connection for acute myeloid leukemia was also denied as there was no evidence of exposure to ionizing radiation or other causative factors during service.

The Board has determined that the veteran's bilateral bunions were incurred in active service and granted service connection for this condition.

The veteran's appeal is to increase the rating for his service-connected strain and myositis of lumboparavertebral muscles from 10 percent to a higher percentage. The RO has increased it to 20 percent effective February 20, 2001. However, the veteran seeks an evaluation in excess of 20 percent.

The Board has vacated its previous decision and remanded the case due to procedural defects in notifying the appellant of the evidence needed to substantiate her claims.

The Board has granted service connection for peptic ulcer disorder, finding that the veteran's condition had its onset during service. The issue of service connection for hiatal hernia is remanded.

The Board denied the veteran's claim for an increased rating for nephrolithiasis with benign prostatic hypertrophy, currently evaluated as 10 percent disabling.

The Board has determined that the veteran incurred additional disability as a result of VA's failure to initially diagnose and promptly treat a cerebral hemorrhage in March 1994, warranting compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's tendonitis of the right elbow was incurred in service and grants the claim for service connection.

The Board has determined that the veteran's PTSD with dysthymic disorder is a result of stressors he experienced while exposed to combat as a result of his active duty in Vietnam, and therefore grants service connection for these conditions.