Other conditions decisions — 2006

The Board denied the appellant's claim for service connection for residuals of pneumonia and remanded his claim for benefits under 38 U.S.C.A. § 1151 for stomach ulcers due to VA-prescribed medication.

The Board denied the appellant's claim for basic eligibility for nonservice-connected pension benefits due to their service not qualifying as active military, naval or air service.

The Board found that the appellant did not have qualifying active military service for purposes of VA benefits and denied his claim.

The Board has determined that new and material evidence has not been received to reopen the claim seeking veteran status and basic eligibility for VA death benefits.

The veteran's application for VA health care benefits was denied because he did not meet the eligibility criteria for enrollment in priority category 8, which is applicable to veterans who agree to pay a co-payment. The veteran applied after January 17, 2003, when the VA suspended enrollment of such veterans.

The Board has determined that the veteran's service-connected residuals of a fractured mandible do not meet the criteria for an initial compensable evaluation.

The Board has remanded the case due to unclear evidence regarding subsequent reactivation of the veteran's initial infection of active osteomyelitis and the need for a VA examination.

The Board has determined that the veteran's service-connected low back disability warrants a rating of 40 percent, reflecting severe limitation of motion.

The VA denied the veteran's claim for an initial compensable rating for his service-connected residuals of a shrapnel wound to the left axilla with retained foreign body, as there was no moderate disturbance of muscle function attributable to the disability.

The Board denied the veteran's claims for increased ratings for his service-connected left leg thrombophlebitis and pulmonary embolism, finding that the evidence did not support a higher rating prior to January 12, 1998 or as of that date.

The Board found that the veteran's pre-existing mitral valve prolapse did not increase in severity during service, and thus denied his claim for service connection.

The veteran's unauthorized medical expenses incurred at a private hospital on September 1, 2003 are denied as there was no feasible VA or Federal facility available and an attempt to use them beforehand would have been reasonable.

The Board denied the veteran's claim for an initial disability evaluation in excess of 10 percent for basal cell carcinoma of the left eyebrow, finding that the criteria for a higher rating were not met.

The Board denied the veteran's increased rating claims for his service-connected post-operative residuals of a bilateral TMJ disability, finding that the evidence did not support ratings greater than 20 percent prior to August 1, 1995 and greater than 30 percent since August 1, 1995.

The veteran's claim for nonservice-connected pension benefits was denied in September 1994. The RO assigned an effective date of December 22, 1995, based on the receipt of his application for benefits. A later decision found that there had been clear and unmistakable error (CUE) in the original decision, leading to a change in the effective date to July 12, 1995. The RO then assigned an earlier effective date of June 27, 1995, based on VA treatment records.

The Board found no current findings or diagnoses of cancer of the gall bladder, liver, and pancreas that have been related to service or service-connected disability.

The Board denied the veteran's claim of service connection for dizziness, finding no chronic disability associated with dizziness in service or currently. The VA medical opinions provided were against a link between current dizziness and service-connected conditions.

The VA determined that the perforation of the veteran's diverticulum with peritonitis was not caused by carelessness, negligence, or lack of proper skill on VA's part during a colonoscopy performed in 2000. The claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board found that the veteran's death was not caused by his military service, including exposure to Agent Orange. The claim for DIC under the provisions of 38 U.S.C.A. § 1318 is denied.

The veteran's claim for compensation under 38 U.S.C. § 1151 is denied because there is no medical evidence supporting the contention that a misdiagnosis of multiple sclerosis in February 1975 resulted in additional disability.