Other conditions decisions — 2007

The Board has determined that the veteran's marriage to E.M. is not valid for purposes of entitlement to additional compensation for dependents, and thus denied the claim.

The Board denied the veteran's claim for disability compensation for ventral hernia, finding that it was not caused by VA care and thus not warranting compensation under 38 U.S.C.A. § 1151.

The Board has dismissed the appeal due to the death of the appellant, as it no longer has jurisdiction over the case.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for residuals of a left tibial osteochondroma, but the case has been remanded due to incomplete records and need for clarification on when VA treatment began.

The Board has determined that the veteran's service-connected shell fragment wound of the right thigh is rated at its maximum allowable level (40%) and does not meet the criteria for an extraschedular rating.

The Board has determined that the veteran's drug and alcohol dependence is due to willful misconduct, which precludes service connection. The issue of residuals of head injury is remanded for further development.

The Board has remanded the case for further development, including obtaining medical records and arranging for VA examinations to determine if the veteran had sickle cell anemia or pneumonia during service.

The Board denied service connection for squamous cell carcinoma of the right tonsil, attributing it to a lack of evidence linking the condition to military service or herbicide exposure. Service connection was also not granted for residuals of a right elbow injury and PTSD.

The Board has determined that the veteran's dysthymic disorder does not warrant a rating higher than 50 percent, as his symptoms do not meet or approximate the criteria for a 70 percent disability evaluation.

The veteran seeks compensation under 38 U.S.C.A. § 1151 for myopathy resulting from VA-prescribed gemfibrozil. The case is remanded to determine if the causation of the disability was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The veteran's appeal for a higher amount of non-service-connected disability pension was denied as there is no reasonable possibility that additional evidence would aid in substantiating the claim.

The veteran's claim for an increased evaluation of 20 percent for residuals, back injury is being remanded due to the lack of a claims file review and the need for further examination. The effective date for the increase remains on appeal.

The Board has ordered a remand due to inadequate VCAA notice, and the claims of service connection for the cause of death and entitlement to DIC benefits under 38 U.S.C.A. § 1318 are both considered as new and material.

The Board denied the veteran's petition to reopen his claims of service connection for chondromalacia patella of both knees, finding that new and material evidence had not been received. The claim was based on a direct service connection theory.

The Board denied the veteran's claims for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing that VA treatment caused his conditions, and found that the progression of peripheral vascular disease was not related to VA care.

The Board denied the veteran's claim for a compensable disability rating for his service-connected residuals of a fracture to the fourth metacarpal left hand major, finding that there was no evidence showing that this disability is analogous to amputation or affects other digits. The RO rated the veteran at the noncompensable level based on normal range of motion and grip strength.

The Board has determined that further verification of the veteran's claimed in-service stressors is needed, and thus remands the case to the RO for this purpose.

The Board has reopened the veteran's claim for service connection for Reiter's syndrome and found that new evidence submitted since the July 2002 rating decision relates to an unestablished fact necessary to substantiate the claim. However, the Board determined that Reiter's syndrome did not manifest in service or within one year thereafter, and is not due to herbicide exposure.

The veteran's unauthorized medical expenses incurred at a private hospital from August 15, 2005 to September 7, 2005 are denied as the treatment was not for an adjudicated service-connected disability and he has coverage under Medicare.

The veteran's appeal is remanded due to the need to adjudicate a claim for clear and unmistakable error in the March 1970 rating decision.