Other conditions decisions — 2006

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied because he does not have a disability that is manifested by memory loss, muscle ache, nausea, fecal incontinence, or light headedness, which was caused or aggravated by VA prescription of contraindicating medications.

The Board found that the veteran does not currently suffer from malaria or its residuals, and thus denied his claim for service connection.

The veteran's application for enrollment in the VA healthcare system was denied as he does not have any service-connected disabilities and is assigned to priority group 8, which makes him ineligible for enrollment.

The Board found no evidence of a current disability related to service and denied the veteran's claims for service connection for residuals of back injury, right hip injury, and right leg injury.

The Board has determined that the veteran's cause of death was due to arteriosclerosis and dysrhythmia, which are not service-connected. The claim is denied.

The Board finds that the veteran's bowel was lacerated during a caesarean section in service, and grants service connection for this condition. However, there is no competent medical evidence linking endometriosis and ovarian cysts to her military service.

The Board has determined that the veteran's bilateral hip dysplasia was aggravated by his service, and therefore grants service connection for this condition.

The veteran's prostatitis has been rated at the maximum schedular evaluation of 40 percent since February 19, 1997 and at 60 percent since April 7, 1998. The RO denied his claims for increased ratings.

The Board has determined that the veteran does not currently have a left leg disability that is related to his military service, and thus denied his claim for service connection.

The Board denied increased ratings for the veteran's service-connected right eye retinal detachment and malaria, finding that there was no evidence of current disability or marked interference with employment.

The Board denied the veteran's claims for increased ratings for bursitis of the right hip, finding that the evidence did not meet the criteria for an evaluation in excess of 10 percent or 20 percent for the periods specified.

The Board found that the veteran's current diagnoses of pavingstone degeneration did not have their onset in or are otherwise related to active service, and thus denied his claim for service connection.

The Board has determined that the veteran's temporomandibular joint dysfunction does not warrant a disability rating in excess of 10 percent, as his inter-incisal range of motion is consistently greater than 30 mm without strain.

The veteran's appeal is remanded for further development of the record, including scheduling a VA examination to assess the severity of his service-connected FMF with anemia and splenomegaly during flare-ups.

The Board found that the veteran's facial nerve paralysis is currently manifested by symptoms comparable to moderate incomplete paralysis of the seventh cranial nerve, and thus denied a higher initial evaluation for loss of sensation in the greater auricular nerve.

The Board has remanded the case for additional development due to missing VA medical records and compliance with VCAA requirements.

The Board denied the motions alleging clear and unmistakable error (CUE) in both the August 2000 and November 2002 decisions. The veteran's allegations of CUE were not supported by evidence or legal grounds.

The Board denied the veteran's motions alleging clear and unmistakable error (CUE) in prior decisions regarding his left varicocele. The motion for CUE in the August 2000 decision was dismissed without prejudice, while the November 2002 decision granting a 10% evaluation for the condition was upheld.

The veteran's widow is seeking accrued benefits based on a claim for benefits under 38 U.S.C.A. § 1151, alleging that the veteran suffered injuries as a result of VA treatment and care. The case must be remanded to provide VCAA notice and for further development.

The Board has determined that the veteran's insomnia is related to his service and grants service connection for this condition.