Other conditions decisions — 2007

The veteran's death was caused by an accidental overdose of methadone prescribed for his car accident injuries, not due to a service-connected condition.

The veteran's claim for an initial rating higher than 50 percent for his service-connected post traumatic stress disorder (PTSD) is being remanded due to the need for a VA psychiatric examination and additional treatment records.

The veteran's claim to reopen a prior CUE claim lacks legal merit and is denied.

The veteran's claim for a higher rating for his service-connected paralysis of the right ulnar nerve is being remanded to allow for additional development, including a VA examination.

The appellant is not entitled to VA death benefits due to the veteran's forfeiture of benefits for treasonable acts prior to September 2, 1959.

The Board has determined that the evidence received since the August 1992 rating decision does not relate to the unestablished fact necessary to substantiate a claim seeking service connection for shrapnel wound scars of the left eyelid, right calf, shin, buttock and right hand. Therefore, the claim is denied.

The Board denied the veteran's claim of entitlement to service connection for a right testicle disorder, finding that there is no evidence linking his current condition to his military service or Agent Orange exposure.

The appellant withdrew his appeal for special monthly compensation based on loss of use of a creative organ before the Board could make a decision.

The Board has granted a general apportionment of the veteran's VA disability compensation benefits in the amount paid to the veteran as dependency allowance for the appellant, but only prior to October [redacted], 2004.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from December 18, 2004 to December 20, 2004 is denied as the treatment was not rendered in an emergency situation and VA facilities were feasibly available.

The VA examiner found no evidence of asbestos-related lung disease and concluded that the veteran's current respiratory condition is not related to his service. The Board denied the claim based on lack of a nexus between the current disability and service.

The Board has remanded the case for further development, including scheduling a medical examination and ensuring compliance with VCAA notice requirements.

The Board has granted service connection for chronic post-operative colon cancer residuals including right hemicolectomy residuals. The issue of an effective date prior to January 8, 2001, for the award of service connection for right knee anterior cruciate ligament deficiency is remanded.

The veteran's adjustment disorder with depressed mood is granted as secondary to his service-connected left inguinal hernia. The claim for a higher rating for the left inguinal hernia remains denied.

The Board found that there is no competent evidence of a nexus between the veteran's current right eye injury and his period of active duty service, thus denying service connection for residuals of a right eye injury.

The Board has denied the veteran's claim for service connection for a respiratory disorder, finding that there is no competent evidence of an association between the claimed condition and military service.

The Board has determined that the veteran's claimed left hip disorder is not related to his service-connected back disability and does not meet the criteria for a higher evaluation. The lumbosacral spine disability, however, meets the criteria for an increased rating beginning September 23, 2002.

The Board found that the veteran's impotency is not proximately due to carelessness, negligence, lack of proper skill, error in judgment or similar incidence of fault on the part of VA, nor was it reasonably foreseeable. Therefore, compensation under 38 U.S.C.A. § 1151 for impotency has not been met.

The veteran has withdrawn his appeals for both claims of a compensable initial evaluation for deviated nasal septum and service connection for lumbago. As such, the Board does not have jurisdiction to consider these claims.

The Board has determined that the veteran's scoliosis was not incurred or aggravated by service and is a developmental defect unrelated to disease or injury. Therefore, service connection for scoliosis is denied.