Other conditions decisions — 2005

The Board has remanded the case for further development and consideration due to incomplete evidence, including private medical records. The appellant is asked to provide releases for these records and attend a hearing at the RO.

The veteran's claim for service connection for a condition of the eyes was dismissed due to his death.

The veteran's death was caused by a cerebrovascular accident (stroke), which is now considered a presumptive service-connected condition for former prisoners of war. Therefore, the claim for service connection for cause of the veteran's death is granted.

The VAMC denied the veteran's application for enrollment in, and access to, VA medical care benefits due to his income exceeding the threshold for Priority Group 8. The veteran was not eligible as he did not meet any of the specified eligibility criteria.

The Board has remanded the case for further examination and opinion regarding the etiology of any right leg disability, including peripheral vascular disease. The veteran's service-connected Osgood-Schlatter's disease is being considered as a potential cause or aggravation.

The veteran's application for enrollment in the VA healthcare system was denied due to his status as a nonservice-connected veteran and the financial information provided, which assigned him to priority group 8. As he is not already enrolled as of January 17, 2003, he is ineligible for enrollment.

The veteran's death was not due to his own willful misconduct. However, he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he had no service-connected disabilities rated at 100% disabling for 10 years prior to his death or continuously rated as totally disabled for 5 years after retirement from service.

The Board denied the veteran's claim for payment or reimbursement of unauthorized non-VA medical expenses incurred during October 12-18, 2001. The VA hospital provided adequate care until the appellant requested discharge against medical advice and sought treatment at a non-VA facility.

The veteran's emergency medical services on September 3, 2003 were for a severe abdominal pain that could not be safely transferred to a VA facility. The claim is granted as the criteria for payment or reimbursement of unauthorized emergency medical service have been met.

The veteran's claim for an earlier effective date for a total disability rating based on individual unemployability is being remanded due to the need to obtain and consider evidence regarding her employment status within one year of the initial claim.

The veteran's claim for a compensable rating for a scar from the excision of a lipoma on his left abdominal wall was denied by the Board. The VA determined that the scar did not meet the criteria for a compensable rating under the applicable VA Schedule for Rating Disabilities.

The Board has determined that the veteran's gastrointestinal disorder is related to his military service and has granted service connection for this condition.

The Board has determined that the veteran's varicose veins of the lower extremities were not incurred or aggravated in service and therefore denied his claim for service connection.

The Board has determined that the veteran's impairment of the ninth cranial nerve is related to service and grants entitlement to service connection.

The Board denied service connection for thoracic outlet syndrome and psychiatric disability, finding no evidence of such conditions during active service or linking them to military service.

The Board has granted an increased evaluation to 30 percent for the veteran's residuals of a shell fragment wound to Muscle Groups XIV and XV, with retained foreign bodies in the left knee.

The Board found that the veteran's additional disabilities, including chest pain, shortness of breath, left arm pain, and numbness in hands and arms upon exertion, were not caused by VA surgical procedures performed in October 1987. The evidence did not show any negligence or fault on the part of VA.

The Board found that the veteran's right hip disorder was not caused or aggravated by his service-connected disabilities involving his knees and back, and thus denied his claim.

The Board has granted service connection for residuals of in-service urethral discharge and gonococcus infection of the urethra. Service connection was denied for a stomach disorder, as there is no current evidence of such a condition.

The veteran's claim for an increased rating for residuals of concussion syndrome was granted, and he is now rated at 10 percent. His TDIU claim was also granted.