Other conditions decisions — 2006

The veteran died without service-connected disabilities and was not in receipt of VA compensation or pension at the time of his death. Therefore, he is ineligible for nonservice-connected burial benefits.

The veteran's post-traumatic stress disorder is granted as incurred during his service in Vietnam.

The veteran's claims for increased evaluations of his service-connected residuals of shell fragment wounds to the right thigh and elbow are being remanded for additional examinations.

The Board found that the veteran's post-operative anal fissure resulted in occasional involuntary bowel movements requiring a pad, which does not meet the criteria for a higher rating. The claim was denied as there is no evidence of extensive leakage or frequent involuntary bowel movements.

The Board found that the veteran's injuries sustained in an automobile accident on March [redacted], 1994, were the result of his own willful misconduct and therefore prohibit service connection for all claimed conditions.

The Board has remanded the case for further development and re-adjudication due to issues regarding private medical records and compliance with legal requirements.

The Board denied the veteran's claims for compensation under 38 U.S.C.A. § 1151 for additional right arm, left leg, and rib removal disabilities resulting from VA treatment, finding no fault on VA's part in providing such care.

The Board found that there is no evidence of a disease or injury in service, and the veteran did not provide sufficient information to establish continuity of symptomatology after service. Therefore, the claim for service connection for residuals of injuries to the head, neck, and upper thoracic spine was denied.

The veteran's undiagnosed illness manifested by memory loss, fatigue and sleep disturbance is rated at 30 percent prior to March 4, 2005. The evaluation for nausea remains at 10 percent.

The Board has determined that the veteran's left optic atrophy is likely related to his service-connected hypertension, and thus secondary service connection for this condition is granted.

The Board has remanded the case due to incomplete development and incorrect application of regulations. The appellant's discharge is being reviewed for its impact on her eligibility for VA benefits.

The Board found that the veteran's service medical records are negative for complaints or findings of a head injury or seizure disorder. The Board concluded that there is no evidence to support the claim of service connection for residuals of a head injury, including a seizure disorder.

The Board has determined that the veteran's bilateral chondromalacia patella is related to service, and therefore grants service connection for this condition. The Board also finds no evidence of a current disability of either ankle or residuals of an injury to the left hamstring following service, thus denying these claims.

The Board has remanded the case for further development and consideration of service connection for muscle, joint, numbness, and mood swings symptoms. The veteran's claims file must be reviewed by a physician to identify any other claimed disabilities not covered in his current service-connected conditions.

The Board denied the veteran's claims for increased ratings for bursitis of the left hip from March 31, 1995 to December 5, 1996 and from December 6, 1996. The evidence did not support a higher rating under applicable diagnostic codes.

The Board has determined that the veteran's bilateral hip disorder, which is now status post bilateral total hip replacement, was not present in service and arthritis was first shown many years after service. The pathology is not proximately due to or aggravated by a service-connected disability. For hypothyroidism, there are no significant symptoms warranting an increased rating.

The veteran's service-connected chronic atrial fibrillation is rated at 30 percent, which is the maximum rating available. The veteran was not found to be unemployable due to his service-connected disability.

The veteran's appeal is being remanded for further evaluation and consideration of his service-connected right and left leg disabilities, including the severity of any associated muscle injuries.

The veteran died in January 2003 and the VA did not receive a medical expense report for 2002 until after his death. The Board found that there was insufficient evidence to estimate the veteran's medical expenses for 2002, leading to a denial of accrued benefits.

The veteran's service is recognized guerrilla service, but this does not qualify them for nonservice-connected death pension benefits as per VA regulations.