Other conditions decisions — 2008

The Board denied the veteran's claim to reopen his legal entitlement to VA benefits due to lack of new and material evidence, as all submitted evidence was found to be cumulative or redundant.

The veteran's appeal to reopen his claim for service connection for a compression fracture of the thoracic spine was dismissed. The claim for revision of the March 1978 rating decision on grounds of CUE was also denied.

The Board has granted reopening of the veteran's claim for service connection for cause of death, and remanded for further development and consideration.

The Board has determined that the record is not sufficiently developed to make a decision on the veteran's claim for service connection for bilateral optic nerve atrophy, including as due to herbicide exposure. The case is being remanded to obtain additional medical records and determine the date of onset and etiology of the veteran's eye disability.

The veteran's emergency room visit on November 20, 2005 was not authorized by VA prior to admission and he did not request authorization within the required timeframe. The treatment provided was for a non-service-connected condition that was not deemed an emergency requiring immediate attention. As such, reimbursement is denied.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board dismissed the appeal due to the veteran's death, as it has no jurisdiction to adjudicate the merits of this claim.

The Board has denied the veteran's claim of entitlement to service connection for diverticulitis, finding that his current gastrointestinal symptoms are not related to his hookworm infection during service.

The Board has determined that the veteran's pre-existing inguinal hernia repair did not increase in severity during service and is therefore not entitled to service connection for residuals of an inguinal hernia repair. The other issues on appeal are also denied.

The veteran's claim for an initial disability evaluation greater than 10 percent for corns and calluses of both feet is being remanded due to the submission of additional pertinent clinical records and the need for a VA examination.

The Board denied the veteran's claims for service connection for dysentery and beriberi, finding no current disability and insufficient evidence to support presumptive service connection.

The Board has denied the veteran's claim for service connection for a skin disorder, finding no competent medical evidence linking his current condition to active military service or herbicide exposure.

The Board found that the veteran's gastritis does not warrant a disability rating in excess of 10 percent for the entire period of the claim, as there is no evidence of multiple small eroded or ulcerated areas. The preponderance of the evidence supports denying an increased rating.

The veteran's accrued benefits claim for unreimbursed medical expenses in 2003 was denied as the evidence submitted after his death is not considered.

The Board found that the veteran's right brachial plexopathy, causing numbness, weakness and pain in the right upper extremity, was most likely due to his July 2004 VA thoracotomy procedure. The evidence did not show any fault or negligence on VA’s part in providing the care, nor did it establish that informed consent was lacking. As a result, the veteran's claim for benefits under section 1151 was denied.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of additional disability resulting from VA treatment in November 2003.

The Board has determined that the veteran's dilated cardiomyopathy with implantable cardioverter-defibrillator is related to her pregnancies, including one during service. Therefore, the claim for service connection is granted.

The Board has determined that the appellant is not entitled to enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2) as a matter of law, due to the application of recent Federal Circuit rulings and regulations.

The Board denied the veteran's claim for an earlier effective date of July 16, 1997, as it was not clear and unmistakable error.

The Board found that the veteran's tremors were not caused by VA care, treatment, or examination and thus denied his claim for compensation under 38 U.S.C.A. § 1151.