Other conditions decisions — 2007

The VA denied the veteran's claims for service connection and increased rating for his right hip disorder and sacroiliac strain, as well as compensation under 38 U.S.C.A. § 1151 for Peyronie's disease and sleep disturbance due to Zyban use.

The veteran died from pneumonia and aspiration attributable to Alzheimer's disease. The VA determined that he did not meet the criteria for burial benefits as he was not in receipt of or entitled to receive either VA compensation or pension at the time of his death, nor had a pending claim for such benefits.

The veteran's appeal is remanded to the RO for further procedural development, including providing VCAA notice regarding effective date and rating scars under revised Diagnostic Code 7801-7805.

The Board denied an increased rating for the veteran's thoracic spine disability, currently rated at 40 percent.

The veteran's service-connected right hernia repair and tonsillectomy residuals are both rated at the minimum compensable level. The right hernia repair is rated based on recurrence, while the tonsillectomy is rated for its residual symptoms of hoarseness.

The VA has determined that the veteran's gout does not warrant a rating in excess of 40 percent, as it is not totally incapacitating or manifested by weight loss and anemia productive of severe impairment of health. The hypertension issue was also denied.

The Board found that the veteran's current psychiatric disorder, characterized as a panic disorder, is not related to his service and denied his claim for service connection.

The veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 for residuals of treatment with LSD-25 by the Department of Veterans Affairs in 1967 was denied on the merits.

The Board has remanded the case for additional development of medical records and consideration of the appellant's claims.

The veteran's service-connected disabilities result in the need for regular aid and attendance of another person, which has been granted.

The Board has determined that additional development is needed to fully consider the veteran's waiver of recovery application, including obtaining relevant documents and clarifying his hearing preferences.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from eye surgery performed in August 2003, including diplopia and atrial fibrillation with syncope. The case has been remanded to obtain consent forms, additional medical opinions, and further evaluation of the veteran's claim.

The Board has denied the veteran's claim for service connection for hypoglycemia, as due to herbicides (Agent Orange) exposure, finding no competent evidence of a current disability.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred in April 2003 at St. Petersburg General Hospital was denied because the treatment did not meet the criteria for a medical emergency and VA facilities were feasibly available.

The Board denied an earlier effective date for the grant of service connection for the cause of the veteran's death, finding that no claim was filed before June 1, 1993.

The Board denied the veteran's claims of service connection for urinary incontinence and an increased rating for adjustment disorder with depressed mood. The Board found no medical evidence linking the veteran's urinary incontinence to his service or service-connected Peyronie's disease, and concluded that the veteran did not meet the criteria for a 50 percent disability rating for his adjustment disorder.

The Board has determined that the veteran's bilateral Morton's neuroma was not incurred in or aggravated by active service and denied her claim for service connection.

The veteran died in August 1998, and the cause of death was listed as cardiopulmonary arrest due to carcinoma, prostate, metastatic. The appellant's claim for DIC under 38 U.S.C.A. § 1318 is denied because the veteran did not file a claim for disability compensation during his lifetime and was not in receipt of benefits based on service-connected disability at the time of his death.

The Board denied the veteran's claims for service connection for memory loss and fatigue, both claimed as due to undiagnosed illness or other qualifying chronic disability.

The veteran's cardiovascular disorder is not service connected.,The cause of death was listed as aspiration pneumonia, but the VA medical expert concluded that it was related to tobacco use.