Other conditions decisions — 2006

The Board denied the appellant's claim for recognition as the veteran's surviving spouse for VA death benefits due to a lack of valid marriage between the appellant and the veteran at the time of his death in December 1969.

The Board denied the veteran's claims for service connection for epididymitis, onychomycosis, scabies, and impotence due to a lack of evidence showing chronic disabilities or a link between current conditions and service.

The Board has determined that the veteran's residuals of right femur fracture with right hip pain do not meet or approximate the criteria for a rating in excess of 30 percent.

The veteran's claim for an increased evaluation of his service-connected shell fragment wound to the right hip is being remanded due to incomplete development and compliance with VCAA requirements.

The veteran's death is being reviewed for compensation under the 38 U.S.C.A. § 1151, but additional medical records are needed to make a determination.

The Board has determined that there is no current evidence of bilateral compartment syndrome, and thus the veteran's claim for service connection is denied.

The veteran's chronic cystitis was incurred during active military service and the Board finds that she is entitled to service connection for this condition.

The veteran seeks a higher initial evaluation for his service-connected PTSD. The Board finds it helpful to afford the veteran an examination to clarify the nature and extent of his current symptoms, given the length of time since his last VA examination.

The veteran's claim for service connection for residuals of cyst removal from teeth #25 and #26 is being remanded due to the need for a dental examination to determine if there are current residual gum problems related to the inservice procedure.

The Board has determined that the veteran's left thumb does not meet the criteria for a rating in excess of 10 percent due to pain and functional impairment, as he is still able to oppose his thumb to the tips of the long, ring, and small fingers.

The veteran is seeking service connection for a dental disability, but the appeal is being remanded due to incomplete records and lack of supporting evidence.

The Board denied the veteran's request to reopen his claim for service connection for gastrointestinal problems including diarrhea, finding that the new evidence submitted did not raise a reasonable possibility of substantiating the claim.

The Board has denied the veteran's claims for service connection for a dental condition and for residuals of injuries to the mouth and lips, finding that there is no evidence of in-service trauma or chronic disability related to these conditions.

The Board has remanded the veteran's claims for service connection for cancer of the tongue and throat, both claimed as due to herbicide exposure. The RO is instructed to obtain SSA records and any additional evidence from the veteran before readjudicating the claims.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection for nerves, including psychological factors, affecting physical condition which includes skin problems. As a result, the application is denied.

The Board has determined that the veteran's appeal is remanded for further development, including obtaining medical records and a VA examination to determine if his current left hand disorder is related to service.

The veteran's annual income exceeded the maximum pension rate, resulting in a denial of his claim for nonservice-connected disability pension.

The veteran's conus medullaris syndrome, claimed as a spinal cord injury, was caused by VA treatment in October 2000 and is not the result of her willful misconduct. The proximate cause of this disability was carelessness or lack of proper skill on the part of the VA medical staff during the epidural injection procedure.

The veteran's unauthorized medical expenses incurred on December 5, 2000 for a pruritic skin rash are eligible for payment or reimbursement due to the presence of two service-connected disabilities and the need for immediate medical attention.

The Board has determined that the veteran does not have current manifestations of his service-connected lung cancer and that his breathing problems are due to his nonservice-connected COPD. As a result, an initial compensable rating for the veteran's service-connected lung cancer is denied.