Other conditions decisions — 2007

The Board denied service connection for a post-operative abdominal condition, concluding that the veteran's pre-existing condition was not aggravated by military service.

The Board of Veterans' Appeals has determined that the veteran does not have cerebral palsy as a result of her service in the military, and therefore denied her claim for service connection.

The Board found that the veteran did not have residuals of a cold injury or arthritis that were incurred in service. The evidence showed no such conditions until many years after separation from active duty.

The veteran's initial noncompensable rating for service-connected diplopia with exotropia, effective February 29, 2000, is denied. The RO must schedule the veteran for a comprehensive ophthalmologic examination to determine if any decreased visual acuity shown in July 2004 and currently shown is due to his service-connected conditions or nonservice-connected disorders.

The Board has denied the veteran's claim of entitlement to service connection for a dental condition, claimed as multiple tooth loss, finding that there is no evidence of a currently compensable dental disability.

The Board has denied the veteran's claims for increased disability ratings for his right and left sterno-clavicular joint injuries, finding that the evidence does not support a rating in excess of 30 percent for the dominant shoulder or 20 percent for the non-dominant shoulder.

The veteran argues he should be enrolled in Priority Group 3 based on his Purple Heart. The VA decision confirmed him in Priority Group 5, and the case is being remanded to review his service medical records for evidence of a Purple Heart.

The veteran's unauthorized medical expenses incurred for treatment of ureteral steinstrasse were not reimbursable as the condition was not an emergency and VA facilities were feasibly available.

The Board has determined that the veteran's service-connected disabilities contributed to his death from gastrointestinal bleeding, and thus grants service connection for the cause of the veteran's death.

The Board has reopened the claim for service connection for residuals of a cold injury of the right hand, but denied it on the merits. The veteran's current evidence does not show that his hearing loss is related to military service.

The Board has determined that the veteran's brain tumor and its residuals are not attributable to exposure to ionizing radiation during service, and thus cannot be presumed to have been incurred therein. The claim for service connection is denied.

The Board has granted the veteran's claim of service connection for keratoconus, a condition that was diagnosed during service and well controlled with glasses.

The veteran's death was not caused by VA medical treatment, and the Board finds that there is no evidence of negligence or fault on the part of VA. The claim for DIC benefits under 38 U.S.C.A. § 1151 is denied.

The Board denied the veteran's claim for service connection in July 1971. The veteran filed a new claim on February 12, 2001 and was granted service connection for short bowel syndrome with an effective date of February 12, 2001. He now appeals for an earlier effective date.

The veteran's unauthorized medical expenses incurred at a private hospital on September 9, 2005 are denied as he did not receive VA healthcare within the previous 24 months and his condition was not service-connected.

The veteran's overpayment of disability pension benefits in the amount of $12,734 was waived due to undue hardship and defeat of the purpose of the pension benefit.

The veteran's claim for reimbursement of unauthorized private medical expenses incurred on July 11, 2003 at Evanston Regional Hospital was denied because the claim was filed more than 90 days after the treatment.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from March to May 2005, finding that the veteran did not meet the eligibility criteria under the Veterans Millennium Healthcare and Benefits Act.

The Board has determined that the veteran's residuals of a right heel fracture with osteopenia of the calcaneus warrant an initial 10 percent disability rating.

The veteran's service-connected dizziness is currently rated at 30 percent for the portion of the appeal period prior to May 1, 2002. The claim for an increased rating from May 1, 2002 remains denied.