Other conditions decisions — 2006

The Board has determined that the veteran's claim for service connection for a cardiovascular disorder is denied as there is no competent evidence linking his current condition to an in-service event, injury or disease. The claim for increased rating for bilateral hearing loss also remains denied.

The veteran's tubal reversal due to numerous cysts on ovaries is being remanded for additional development and consideration.

The Board has remanded the case for scheduling a videoconference hearing at the Frank M. Tejeda Outpatient Clinic in San Antonio, Texas.

The veteran's claim for an earlier effective date for special monthly compensation based on loss of use of a creative organ was denied as the legal criteria do not allow for retroactive benefits.

The veteran seeks service connection for a skin disorder of the feet, which he claims is related to his military service and herbicide exposure. The RO has not obtained all requested medical records from VA facilities in Houston and Shreveport, Louisiana. A new examination may be required if these records show treatment for a current skin disorder of the feet during or shortly after service.

The case is being remanded for additional development, including consideration of a July 2004 letter from Dr. Wax and the determination of service connection for cancer of the hypopharynx due to Agent Orange exposure, as well as the TDIU issue.

The Board has determined that the submitted evidence is new but not material, and thus does not meet the requirements to reopen the veteran's claim of clear and unmistakable error (CUE) in an April 4, 1998 rating decision.

The Board denied service connection for the cause of the veteran's death and denied entitlement to DIC under 38 U.S.C.A. § 1318 due to insufficient evidence showing a relationship between the veteran's service-connected disabilities and his death.

The Board has ordered the VA to obtain medical records from the veteran's treatment at VA hospitals and other VA medical facilities for the period October 2000 to July 2003. The case will be returned to the RO for further action.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran for Dependency and Indemnity Compensation or Death Pension purposes due to her having been divorced from the veteran at the time of his death.

The Board denied service connection for bilateral amblyopia and macular degeneration, finding that the veteran's current diagnoses are not related to his military service.

The Board has granted an initial 10 percent rating for the veteran's status postoperative bilateral varicoceles, finding that this condition is manifested by tenderness in the left scrotal area exacerbated by activity.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death due to lack of new and material evidence, and also found that her NOD in response to the February 2002 rating decision was untimely.

The Board has determined that the appellant's claim to establish eligibility for nonservice-connected death pension benefits cannot be reopened due to lack of new and material evidence.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from November 28, 2003 to December 8, 2003 was denied as the treatment did not meet the eligibility criteria under VA regulations.

The Board denied the veteran's claim for service connection for chronic arthralgia, finding no competent evidence linking his current condition to his military service or presumed herbicide exposure.

The veteran's application for enrollment in the VA healthcare system was denied because he did not meet the eligibility criteria, including being a nonservice-connected veteran whose annual income exceeded the VA's means test threshold and his completed application for enrollment was received after January 17, 2003.

The Board of Veterans' Appeals has determined that the veteran's claim for VA compensation under 38 U.S.C.A. § 1151 for impotence due to VA treatment in October 2002 is denied, as there is no competent medical evidence showing that the additional disability was caused by negligence or fault on the part of VA.

The Board denied reimbursement for unauthorized private medical expenses due to the lack of a showing that the care was rendered in a medical emergency, and because the veteran had health coverage under Medicare Part B.

The Board dismissed the appeal due to the veteran's death, and thus no jurisdiction remains for adjudicating the merits of the claim.