Other conditions decisions — 2006

The veteran claims compensation under 38 U.S.C.A. § 1151 for a left eye disorder resulting from cataract surgery performed under VA contract in 1996. The Board finds that additional development is required to determine if the proximate cause of any additional disability was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board denied the appellant's request for an earlier effective date for service connection of the cause of death and her reinstatement of DIC benefits from August 14, 1995 to September 30, 1998.

The Board has denied the veteran's claim for additional death pension benefits based on the need for aid and attendance, but found that there is no evidence to support her claim of being housebound. The RO must issue a Statement of the Case regarding the housebound issue.

The Board has reopened the veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a stroke due to new evidence showing possible negligent VA medical treatment, and has determined that this additional disability was not caused by VA care.

The RO denied a higher rating for the veteran's ulcerative colitis and fatty liver infiltration, which were previously service-connected.

The Board has determined that the veteran's residuals of cerebral vascular accident do not meet the criteria for a rating in excess of 10 percent, as there is no objective evidence of any current physical or neurological deficits other than slowed speech.

The Board found that the veteran's current bilateral hip disorder and shortness of breath did not begin during service or due to any incident therein, and thus denied both claims for service connection.

The Board has granted service connection for epicondylitis of the left elbow and trigger finger in both hands. The initial evaluation for chronic tendinitis of the right wrist is also granted at 10 percent.

The Board denied the veteran's claims of service connection for bilateral hip and foot disorders, finding no evidence of such conditions during his active duty. The decision also noted that any symptoms he experienced were related to a service-connected back disability.

The Board found that the overpayment of VA educational assistance benefits was not properly created, as the appellant received payments to which she was legally entitled for the periods in question.

The Board has determined that the veteran's right foot injury does not meet or approximate the criteria for a disability rating higher than 20 percent.

The appellant has withdrawn his appeal for accrued benefits, and the Board dismisses the claim.

The Board denied the veteran's claim for service connection for residuals of radiation exposure, claiming as thrombosis of the right transverse and sagittal sinus with associated venous infarction of the brain, finding that there was no evidence to support a diagnosis or causation.

The Board found that the veteran's death was not caused by a service-connected disability and denied the claim for service connection for the cause of his death.

The Board has determined that there is no competent medical evidence linking the appellant's current lipomas to his military service, including a reported injury during ACDUTRA. As such, the claim for service connection for residuals of a right side rib cage injury is denied.

The Board found no evidence linking the veteran's death to his service, including any exposure to ionizing radiation. The cause of death was deemed unrelated to service.

The Board has remanded the case due to incomplete notice of applicable laws and regulations, including those for presumptive service connection and secondary service connection. The veteran is also required to be notified about the effective date and disability rating.

The veteran seeks reimbursement for unauthorized medical expenses incurred at a private hospital. The VA denied the claim, citing that the veteran had other health coverage and that VA facilities were available. The case is being remanded to ensure proper notification of the VCAA and to consider the claim under relevant regulations.

The veteran withdrew his appeal for specially adapted housing before the Board could make a decision.

The Board has determined that the residuals of a left elbow fracture do not meet the criteria for a higher rating than 10 percent.