Other conditions decisions — 2004

The Board has reopened the veteran's claim for compensation benefits under 38 U.S.C. § 1151 due to new evidence indicating VA negligence caused his rectourethral fistula and colostomy complications.

The Board denied the veteran's claim for an increased rating for her right mandible disorder, finding that it did not meet the criteria for a higher evaluation.

The veteran is seeking an initial compensable rating for his service-connected residuals of a spinal fracture at L3 transverse process, left. The case has been remanded to obtain additional medical records and to schedule the veteran for a VA examination to determine the nature and extent of all impairment due to his service-connected disability.

The Board denied service connection for prostatitis and granted service connection for chronic bilateral epididymitis with cysts and spermatocele. The veteran's claim for an increased rating for the epididymitis was not addressed in this decision.

The veteran is seeking compensation under the Veterans' Compensation Act for complications from a Staph infection and loss of sternal bone and chest muscles resulting from negligent medical treatment at the New Orleans VA Medical Center in June through August 1999. The case has been remanded to obtain additional evidence and opinions regarding negligence.

The Board found that the veteran's service did not include a 'radiation-risk activity' and concluded that his cataracts are not related to exposure to ionizing radiation in service.

The Board has determined that the veteran's cause of death, B-cell lymphoma of the maxillary sinus, was not caused or contributed to by a service-connected disability.

The Board denied service connection for loss of teeth due to disease of the mouth, finding that the veteran's condition was not incurred as a result of active service and did not meet eligibility criteria for VA outpatient dental treatment.

The Board found that the veteran's left leg disability did not originate in service and is not otherwise causally related to his military service, thus denying his claim for service connection.

The Board of Veterans' Appeals has determined that the veteran's residuals from a gunshot wound to his right thigh do not warrant an increased rating beyond the current 10 percent, as they are no more than slightly disabling.

The Board has denied the veteran's claims for service connection for conversion reaction and heart murmur, finding no current diagnoses or evidence of these conditions.

The veteran's claim for service connection for missing teeth was denied as there is no evidence of a compensable dental disability, and the treatment he received was not due to combat or other in-service trauma.

The Board found no evidence of a right foot disability in service or for many years thereafter, and thus denied the veteran's claim of entitlement to service connection for a right foot disorder.

The Board has denied the veteran's request for continued authorization to receive fee-basis outpatient treatment at VA expense due to the availability of appropriate care at nearby VA facilities.

The Board has determined that the appellant does not have a right eye or left eye disorder attributable to military service, and thus denied both claims.

The Board found that the veteran's claim for an earlier effective date for his VA pension benefits was denied as he did not respond to requests for information and thus, the claim lapsed. The RO granted the pension benefit on April 12, 1993.

The veteran's one-quarter inch shortening of the right leg is attributable to his active military service and has been granted service connection.

The Board found that the veteran's lung disability, diagnosed as interstitial fibrosis, was incurred in or aggravated by active service.

The veteran is seeking service connection for loss of sight in the right eye, which he claims is a residual to his facial wounds from service. The case has been remanded due to procedural deficiencies related to VCAA notice.

The Board denied service connection for the cause of the veteran's death and found that the appellant is not eligible for VA nonservice-connected death pension benefits due to lack of qualifying service.