Other conditions decisions — 2005

The Board has remanded the case for further development and readjudication of the issues on appeal.

The veteran's application for VA health care without a copayment requirement was denied as her income exceeded the threshold for eligibility in 2001 and is not expected to be below this threshold in 2002.

The Board has determined that the veteran does not have a deep vein thrombosis that is attributable to military service or caused by any service-connected disability, and thus denied his claim for service connection.

The Board found that the veteran does not have a chronic gastrointestinal condition present in service or related to such service, and thus denied his claim for service connection.

The veteran's request for additional payment or reimbursement of unauthorized treatment in the form of services under the VA Fee Basis Home Health Care Program was denied as he is not service-connected and does not fall within the select group of veterans eligible for such benefits.

The Board denied the veteran's claims for increased ratings for dysthymia, headaches, and costochondritis. The initial ratings assigned were found to be inadequate.

The veteran's chest pain, which began on the day of his private treatment and was considered a recent onset condition by a prudent layperson, required immediate medical attention. The VA facilities were not feasibly available due to distance, thus meeting the criteria for reimbursement under 38 U.S.C.A. § 1725.

The Board has determined that the veteran's pterygium of the left eye and extropia are service-connected, as well as his myopia with astigmatism in the left eye due to the pterygium. The decision is based on direct service connection.

The VA denied a higher rating for the veteran's residuals of a spontaneous pneumothorax, finding that his symptoms do not meet the criteria for a 30 percent rating under the former rating criteria.

The Board has determined that the veteran does not have a service-connected acquired left eye disability and therefore denied his claim.

The Board has ordered a new VA examination to determine the current diagnoses of the veteran's left ankle and foot disorders, as well as whether these conditions are proximately due to his service-connected right great toe arthritis or ingrown toenails. The case will be remanded for further development.

The veteran's TDIU rating was granted in March 2000, effective from September 16, 1999. The Board found that the requirements for a TDIU rating were not met prior to this date.

The Board found that there is no current diagnosis of a rib disability, and thus service connection for residuals of a rib injury cannot be established.

The veteran died in February 2001 due to respiratory failure, sepsis, and esophageal tumor. The cause of death was not present in service or within one year of discharge, nor is it linked to military service.

The veteran's left hip disability was rated at 20 percent effective January 16, 2001. Prior to that date, the disability was rated at 10 percent.

The Board dismissed the appeal as it does not have jurisdiction to review the matter on appeal due to a lack of 'justiciable case or controversy'. The appellant is not claiming she was married to the veteran, but rather that he specifically devised his VA benefits in his will for her.

The Board has reopened the veteran's claim for service connection for loss of a testicle, claimed as a groin injury, and finds that it is related to service. The decision grants this claim.

The veteran's appeal for Service Disabled Veterans Insurance (RH) under 38 U.S.C.A. § 1922 was dismissed due to the death of the veteran.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The VA denied an increased rating for the veteran's service-connected right knee disorder, currently rated at 20 percent disabling.