Other conditions decisions — 2004

The Board found that the appellant's residuals of a tonsillectomy, diagnosed as left vocal cord paralysis, are related to his period of active duty service and granted service connection.

The veteran's claim is being remanded due to the overpayment of education benefits for specific periods, and further investigation into mitigating circumstances and obtaining relevant compliance survey documentation are required.

The veteran's claim for an increased rating for chronic cystitis with posterior urethritis is still pending and has been remanded by the Board of Veterans' Appeals for additional development.

The veteran is seeking to reopen her claim for service connection of the residuals of LSD exposure during service. The Board has remanded this case due to lack of evidence corroborating her claims and needs clarification from her representative on what specific residuals she is claiming.

The veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA examination to determine the etiology of his skin and foot disorders. The right ear hearing loss issue will be readjudicated in light of any recent amendments to the law.

The veteran's terminated nonservice-connected VA pension benefits may not be apportioned to his parents due to his incarceration for a felony.

The Board has determined that the veteran's postoperative umbilical hernia does not warrant a compensable evaluation, as it is asymptomatic and healed with no disability or need for support.

The Board denied service connection for tumors of the chest and/or abdominal area as a residual of herbicide exposure in service, finding that there is no evidence of such conditions during or after service.

The Board has remanded the case for further development due to procedural issues and a need for a VA examination.

The veteran's cognitive deficits are found to be the result of a hypoxic event during his coronary artery bypass grafting procedure at a VA facility, which was unforeseeable and caused by carelessness or lack of proper skill. As such, he is granted compensation under 38 U.S.C.A. § 1151.

The veteran's cognitive deficits are found to be the result of a hypoxic event during his coronary artery bypass grafting procedure at a VA facility, which was unforeseeable and caused by carelessness or lack of proper skill. As such, he is entitled to compensation under 38 U.S.C.A. § 1151.

The Board has denied the appellant's claim for DIC benefits as she was not recognized as a surviving spouse of the veteran at the time of his death.

The Board is unable to determine if the veteran's current left leg disorder is service-connected due to lack of a clear opinion from the VA examiner. The case is being remanded for further examination and review.

The veteran's claim of service connection for prostatitis is being remanded due to the need for further review and consideration in light of recent legal developments regarding the presumption of soundness at service entry.

The Board has determined that the appellant is not eligible to receive VA benefits as she does not meet the legal criteria for being the veteran's surviving spouse.

The appellant is not the veteran's surviving spouse, and therefore does not meet the criteria for VA death benefits.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for PTSD. The veteran's claim is therefore reopened.

The Board has remanded the issues of compensable ratings for hemorrhoids, left testicle varicocele and right testicle spermatocele, as well as the issue of a 10 percent rating under 38 C.F.R. § 3.324 to the RO for further development.

The veteran's increased disability rating for gastritis is being remanded due to the need for a more contemporaneous VA examination and consideration of an extraschedular evaluation.

The Board finds that the veteran's emergency room treatment at a private hospital on April 11, 2002 was not an emergent condition requiring immediate medical attention. The VA facilities were feasibly available and the veteran could have sought care there instead.