Other conditions decisions — 2006

The Board is remanding the case to provide proper VCAA notice and to obtain additional development before deciding whether new and material evidence has been submitted to reopen a claim for service connection for the cause of the veteran's death.

The VA denied an increased rating for exostosis of the right fibula, to include traumatic arthritis, as it found that the current 10 percent evaluation adequately reflects the veteran's degree of impairment.

The veteran's claim for payment or reimbursement of emergency services at Saint Joseph's Hospital on October 4, 2003 is denied as he had other insurance coverage and did not meet the eligibility criteria under VA regulations.

The Board found no diagnosed left leg disability and denied the veteran's claims for service connection for a left leg condition and an increased rating for his service-connected bilateral hearing loss.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for loss of eyesight due to cataract surgery performed by VA in April 2003, finding that any current eye disability is not related to the procedure.

The veteran's claim for service connection for pulmonary emphysema, claimed as secondary to exposure to ionizing radiation is being remanded due to the need for additional development of his medical records and a VA examination.

The veteran's vocational rehabilitation training was discontinued due to her unsatisfactory conduct and cooperation with the program.

The Board has determined that the veteran's claimed bilateral flat foot condition was not incurred during service and is not etiologically related to service. As a result, the claim for service connection for this condition is denied.

The Board has determined that the appellant incurred a valid indebtedness of $908.27 due to overpayment of VA educational benefits and denied a waiver for this debt. The case is being remanded for further action, including obtaining medical evidence to substantiate the appellant's claim of mental impairment.

The veteran's disability was increased to a 20 percent rating, adding an additional 10 percent for the deformity of the pubis bone. The original 10 percent rating remains in place.

The veteran's medical condition was stabilized at Mease Dunedin Hospital on Saturday, January 5, 2002. However, a VA facility was not feasibly available to accept transfer due to their weekend policy, and the veteran could not be discharged until January 7, 2002. The criteria for reimbursement were met.

The Board has granted a 50 percent evaluation for the service-connected right (major) plexus neuropathy, finding that it more nearly approximates moderate to severe incomplete paralysis.

The veteran's service-connected degenerative joint disease, L1 through L5-S1 with Schmorl's nodes, is rated at 20 percent effective July 27, 2004.

The Board denied the claim for service connection for the cause of the veteran's death, finding that a service-connected disability did not play any role in causing or hastening his death.

The Board denied the veteran's claims for service connection for thrombophlebitis of the lower extremities and compensation under section 1151 for bilateral lower extremity amputations as a result of VA medical treatment.

The Board has determined that the veteran's varicose veins and left lower leg myositis did not have their onset in service or are otherwise attributable to service. The claims for service connection were denied.

The Board has ordered additional development to obtain complete service medical records and private treatment records, including those from Dr. Ghanti. The VA will also provide corrective notice compliant with Dingess/Hartman v. Nicholson.

The Board has decided the case is not ready for final decision and requires additional development of evidence.

The Board denied service connection for residuals of heat exhaustion, but granted service connection for a nonspecific motility disorder related to heat exposure. The veteran's current condition is not considered due to his military service.