Other conditions decisions — 2003

The Board has determined that the appellant's right thigh disability, characterized by a moderate injury to Muscle Group XV, warrants a 10 percent evaluation under Diagnostic Code 5315. The current rating is granted.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Pitt County Memorial Hospital from April 6, to May 13, 1996 is denied as the claim was not filed within the required time limits.

The case is being remanded for further evidentiary development, including obtaining medical records from Dr. William S. Lee.

The Board determined that the veteran's dizziness did not have its onset during active service and is not related to service-connected hearing loss or tinnitus. Therefore, service connection for dizziness was denied.

The Board found no evidence of a current diagnosis of chronic liver disease and denied the veteran's claim for service connection.

The Board has granted a 10 percent rating for the veteran's service-connected somatization disorder with gastrointestinal symptoms, effective from the date of the decision.

The Board denied the veteran's claim for service connection for a cardiovascular disability, finding no credible evidence that it was incurred in or aggravated by active military service or due to his service-connected right knee disability.

The Board's decision is dismissed without prejudice as there is no final decision for the Board to review on the basis of clear and unmistakable error.

The Board found that the veteran's respiratory disorder is not causally related to his military service, including herbicide exposure. Therefore, the claim for service connection was denied.

The Board found that the veteran's death was not caused by any service-connected disability, and there is no evidence of radiation exposure. The cause of death was determined to be bone marrow disease (polycythemia) with arteriosclerosis as a significant contributing factor.

The veteran's claims for automobile and adaptive equipment or adaptive equipment only, and for specially adapted housing or special housing adaptation grant were denied by the RO in December 1999. The veteran did not timely perfect an appeal within the required timeframes.

The Board found that the appellant's pre-existing osteochondroma of the right distal femur did not undergo an increase in severity during service, and thus denied his claim for service connection.

The Board has determined that the appellant does not have current residuals of an exploratory laparotomy with appendectomy, umbilical hernia repair and incisional hernia or residuals of a right eye injury related to service. The claims are therefore denied.

The Board denied reopening the claim for service connection for residuals of a back injury and also denied service connection for kyphoscoliosis of the spine. The veteran's current diagnosis is kyphoscoliosis of the spine, but there is no competent evidence showing that this condition was incurred in or aggravated by service.

The Board denied the appellant's request for an earlier effective date for the grant of service connection for cause of the veteran's death, finding that the earliest application to reopen the claim was filed on May 14, 1996. The amended death certificate submitted then listed symptoms of a service-connected peptic ulcer disease as a contributory cause of death.

The veteran's claims for increased evaluations have been granted, with ratings of 10 percent each for the left mandibular fracture and gunshot wound to the cheek. The right calf scar is rated at 10 percent.

The Board has granted an increased rate of DIC benefits for the need for regular aid and attendance from July 20, 2000 to November 30, 2000. However, the claim for permanent housebound status was denied.

The Board has denied the veteran's claim for an initial rating in excess of 20 percent for residuals of fracture of the 3rd through 5th metatarsals of the necks and dislocation of the 2nd metatarsophalangeal joint with hallux valgus of the right foot, postoperative.

The Board has remanded the case due to procedural issues and additional development is required.

The Board has ordered further development and remanded the case for readjudication based on all evidence, including VA examinations. The veteran's claim of service connection for a lung disorder secondary to tobacco use acquired in service is pending.