Other conditions decisions — 2007

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to lack of additional disability resulting from carelessness, negligence, or similar incidence of fault on the part of the VA.

The Board has granted a 20 percent rating for the veteran's service-connected residuals of a fracture of the left 5th metatarsal, finding that these residuals are characterized by foot impairment that more nearly approximates moderately severe disability than severe disability.

The Board is remanding the case to obtain additional medical opinion regarding marked limitation of bending and to order additional radiological evidence.

The veteran's appeal was dismissed because his death made the case moot.

The veteran's lumbar spine disability is currently rated at 40 percent, effective August 28, 2006. The left knee disability remains at a 10 percent rating.

The Board has denied the veteran's claims for higher ratings for his lumbar spine disability and lumbosacral radiculopathy of both lower extremities, effective from January 28, 1997. The thoracic spine disability was granted with a 10 percent rating since January 28, 1997.

The Board found that the veteran's cause of death, a cardiovascular accident (CVA), was not caused or contributed to by any service-connected disability.

The veteran's service-connected psychophysiological cardiovascular reaction with aortic stenosis is currently rated at 30 percent, which the Board finds appropriate given his symptoms and impairment.

The veteran's spouse is entitled to an apportionment of the veteran's VA benefits due to his failure to provide adequate support, but there is no basis for recoupment of a portion of the benefits being apportioned.

The Board denied the veteran's claim for service connection for cavum vergae with septo-optic dysplasia and learning disorder, as there was no evidence linking these conditions to his military service or exposure to Agent Orange.

The Board has determined that the veteran's continued medical emergency during his hospitalization at Highland Regional Medical Center from May 23 to May 29, 2005, met the criteria for payment or reimbursement of emergency medical treatment. The decision is based on the assumption that all other criteria are satisfied.

The veteran's claim for an evaluation in excess of 40 percent for herniated nucleus pulposus is being remanded due to the need to obtain additional medical records from a VA Medical Center.

The veteran's meralgia paresthetica of the right thigh was initially rated at 10 percent in December 2000 and increased to 20 percent effective December 27, 2000. The case is now before the Board for further consideration with a final rating of 30 percent effective February 2, 2007.

The Board denied the veteran's claims for service connection for bilateral arthritis of the hips and an increased rating for degenerative changes of the lumbosacral spine, as well as his request for an earlier effective date for the grant of service connection for PTSD.

The veteran's appeal is being remanded for a travel board hearing at the local VA office in Montgomery, Alabama.

The Board has determined that the cause of the veteran's death was not related to his active duty service, and specifically found no evidence linking any condition noted on his certificate of death to his military service or a service-connected disability.

The Board denied the veteran's claims for service connection for a skin disorder and elevated liver enzymes, finding no evidence of in-service disease or injury that could be linked to his current conditions.

The veteran's service-connected right knee condition, characterized by DJD and Osgood-Schlatter's disease, warrants a 40 percent disability rating due to the degree of overall functional impairment.

The veteran died from non-service connected causes and was not in receipt of VA pension or compensation at the time of his death. Therefore, he is ineligible for nonservice-connected burial benefits.

The Board has dismissed the veteran's appeal for service connection for PTSD, liver disorder, and skin disorder due to his withdrawal of those claims. The right ear hearing loss claim is denied as there was no evidence meeting VA standards for a disability.