Other conditions decisions — 2007

The veteran's appeal is dismissed because he is not seeking service connection for a fracture of the orbit of the right eye or secondary service connection for impaired vision in his left eye.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because the evidence does not show that his perforation of the colon was caused by VA carelessness, negligence, or error in judgment.

The Board has denied the veteran's claims for service connection for residuals of a calf muscle injury, paresthesia of the legs, back and feet, and hematuria, finding that there is no evidence to support these conditions as being related to his military service or an undiagnosed illness.

The Board denied the veteran's claims for service connection for impaired vision, chronic conjunctivitis of the right eye, low back disorder, residuals of broken ribs, hypertension, and heart disorder. The evidence did not establish a link between these conditions and his military service.

The veteran seeks reimbursement for unauthorized private medical expenses from October 11, 2002 to July 2003. The claim will be remanded for additional development and consideration under both 38 U.S.C.A. § 1725 (emergency treatment) and 38 U.S.C.A. § 1728 (unauthorized medical expenses).

The Board has remanded the case to the RO for further development, including consideration of separate ratings for scars and neurological symptoms as residuals of right thigh GSW. The veteran is also advised that he may submit additional evidence in support of his claim.

The Board has determined that the veteran's current diagnosis of granulomas of the lung is related to his military service, and thus grants service connection for this condition.

The veteran's claim for an increased evaluation of his postoperative right cubital tunnel syndrome repair was denied. The Board found that the current level of disability did not warrant a higher rating.

The veteran's spouse died in January 2004, and there were no unpaid VA benefits due her under existing decisions at the time of death. The appellant is not entitled to accrued benefits as she had no claims pending for additional VA benefits prior to the beneficiary's death.

The Board found that the veteran's squamous cell carcinoma of the lung was not incurred in or aggravated by service and denied his claim.

The Board has remanded the case for further development due to inconsistencies in medical findings and a need for additional diagnostic tests. The veteran's claim of service connection for asbestos-related lung disease is currently pending.

The Board has determined that there is no competent medical evidence of a nervous system disorder or circulatory disorder due to lead exposure during service. As such, the veteran's claims for these conditions have been denied.

The Board has granted a 10 percent evaluation for the veteran's service-connected nephrolithiasis, which is characterized by occasional attacks of colic without recurrent stone formation or impairment of kidney function.

The veteran's claim for retroactive compensation at the rate in effect when the award was made (and not at the monthly compensation rate in effect during each period) is denied.

The Board determined that the veteran's disability compensation benefits should be reduced to half the rate due to his incarceration for a felony conviction, and denied his appeal for restoration of his 10% rating while incarcerated.

The veteran's appeal is being remanded for additional development and adjudication, including obtaining medical records and considering the new evidence submitted.

The Board has determined that the veteran's current right hip disability is not related to his military service, and therefore denied his claim for service connection.

The Board has remanded the case due to inadequate notice provided in the previous denial of the claim, and further development is needed before a decision can be made.

The veteran's claims for educational assistance benefits are denied as he did not meet the legal requirements for retroactive benefits or extension of the delimiting period.

The veteran's enrollment period from August 9, 2004 to September 3, 2004 at America's Driving Academy was not approved by the State Approving Agency as a VA-approved institution. Therefore, payment for this enrollment period is denied.