Other conditions decisions — 2003

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being sent back to the RO for examinations, including a psychiatric and neurologic examination, to determine if the veteran's fatigue is related to an undiagnosed illness. If service connection is granted, the effective date will be determined based on when the claim was received.

The Board has determined that the veteran's bilateral pseudophakia and status post retinal detachments are related to his active service, granting service connection for these conditions.

The RO denied the veteran's claim for service connection for an eye disability on the merits, and the case is being remanded to arrange a Board hearing.

The veteran claims that he incurred a phrenic nerve injury during service and argues for an earlier effective date based on clear and unmistakable error (CUE) in the February 1994 rating decision. The Board found no evidence of such an injury prior to May 8, 1992.

The Board denied an increased rating for the veteran's right eye choroidal rupture in the temporal area with vision and visual field loss, as it is already rated at the maximum schedular rating of 30 percent under Diagnostic Code 6080.

The Board has granted the appellant's claim for service connection for post-traumatic-stress-disorder (PTSD) based on direct evidence of a current diagnosis and a link to his military service, specifically his time in Vietnam. The appeal was remanded due to insufficient evidence regarding the occurrence of the claimed stressors.

The Board denied the appellant's claim of service connection for the cause of her husband's death, finding that there was no evidence linking bronchopneumonia to his military service.

The Board denied the veteran's claim for service connection for residuals of nasopharyngeal radium irradiation as a result of exposure to ionizing radiation, finding no evidence of current disability or a link between any disease and his military service.

The Board denied the veteran's claim of basic eligibility for VA death benefits due to a lack of recognized active service.

The Board of Veterans' Appeals has determined that the veteran is entitled to VA Chapter 30 educational assistance for the period from August 9, 2000, to February 8, 2001. The decision was based on mitigating circumstances due to issues with the educational institution.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of verified service in the United States Armed Forces or Philippine Commonwealth Army.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for the residuals of a colonoscopy is being remanded to the RO for additional development and readjudication.

The Board has ordered additional development to determine the validity and amount of the veteran's pension overpayment due to a divorce from his spouse, Maria.

The Board found that the veteran's left eye disability is not related to his active duty service and denied his claim for service connection.

The Board has granted the veteran's petition to reopen his claim for service connection for diplopia, finding that new and material evidence has been received. Service connection is established based on reopening of a previously denied claim.

The Board is remanding the case to obtain additional medical records and ensure compliance with the Veterans Claims Assistance Act of 2000. The veteran's claim for service connection will be reconsidered, and a supplemental statement of the case (SSOC) will be provided.

The case is being remanded to the RO for additional development of evidence, including obtaining records from Dr. Katherine Maurath and scheduling a VA examination.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at Frisbie Memorial Hospital from January 16, 2002 to January 28, 2002 is granted. The VAMC issued a letter requesting necessary information and the veteran was required to submit a signed statement certifying that his claim met all conditions for payment by VA for emergency services under 38 CFR 17.1002 and 17.1003 within 30 days of receiving the letter. The VAMC denied the claim due to lack of response from the veteran, but the Board found that the veteran did receive the April 11, 2002, letter.

The veteran's unauthorized private medical expenses incurred on March 30, 2001 were denied as prior authorization was not obtained and reimbursement is not warranted.

The Board has denied the veteran's claim of entitlement to an increased rating for varicose veins of the right leg and determined that new and material evidence had not been presented or secured to reopen a claim of entitlement to service connection for residuals of a back injury. The case is being remanded due to procedural defects in notification and assistance.