Other conditions decisions — 2008

The VA has remanded the case due to insufficient medical evidence regarding the severity and symptomatology of the veteran's PTSD, as well as any symptoms associated with dementia. The veteran will need a comprehensive neuropsychological examination.

The Board has remanded the case due to incomplete service records and the need for further examination regarding the etiology of the veteran's eye disorder.

The Board has ordered the RO to obtain VA medical records and provide a VA medical opinion regarding whether the veteran's ureteral obstruction with left hydronephrosis is related to his treatment at VAMC Columbia in December 1993 to June 1998. The case will be remanded for further action.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for HIV, which he claimed was due to a blood transfusion during his right knee surgery at a VA Medical Center in September 1989. The evidence did not support that a blood transfusion occurred and there was no finding of negligence or other fault on the part of VA.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, which constitutes a bar to VA benefits (other than health care and related benefits), including non-service-connected pension benefits.

The veteran's claim for service connection for an eye condition was denied in the March 1968 rating decision. The appeal to reopen this claim has been unsuccessful, and his PTSD is currently rated at 70 percent.

The Board dismissed the appeal because the appellant did not timely file a substantive appeal to perfect her claims of service connection for the cause of the veteran's death, legal entitlement to accrued benefits, and legal entitlement to nonservice-connected death pension.

The February 1995 rating decision denied the appellant's claim of service connection for the cause of the veteran's death due to lack of evidence linking his T-cell ALL, which caused his death, to military service or presumed exposure to herbicide agents. The appeal is not about service connection.

The Board has determined that additional information is required to determine if the veteran's service-connected disability renders him unable to secure or follow a substantially gainful occupation.

The Board found that the veteran's mild obstructive airway disease, residuals of pneumonia, warranted a 10 percent evaluation and denied an increased rating.

The Board has determined that the evidence received since the May 2004 denial does not raise a reasonable possibility of substantiating the claim for service connection for residuals of a right leg gunshot wound, and thus the application to reopen is denied.

The Board granted service connection for thymoma and myasthenia gravis due to exposure to Agent Orange, effective August 30, 2002.

The Board has denied the veteran's claim for service connection for Post Traumatic Stress Disorder (PTSD) as there is no credible evidence linking his claimed stressors to his military service.

The Board has determined that the veteran's service-connected traumatic costochondritis with soft tissue mass does not warrant a disability rating greater than 20 percent.

The Board denied the veteran's claims for increased ratings for his gastrointestinal disorders and bilateral hearing loss, finding that the evidence did not support a higher rating based on the severity of his symptoms.

The veteran's service is not considered to be active military, naval, or air service for the purpose of qualifying for VA nonservice-connected death pension benefits. The appellant's claims for non-service-connected death pension and accrued benefits are denied as a matter of law.

The case is being returned to the RO for further action due to the appellant's request for representation.

The Board finds that the veteran's vestibulopathy, including hearing loss and tinnitus affecting the right ear, was incurred as a result of service. The decision is in favor of granting service connection for this condition.

The veteran's coccidioidomycosis requires suppressive therapy and is manifested by minimal symptoms such as intermittent fever, occasional night sweats, and temporary weight loss; it does not meet the criteria for a higher disability rating.

The Board has denied the veteran's claims for service connection for varicose veins, left foot ulcer (claimed as secondary to varicose veins), and intermittent paresthesias of the right upper extremity. The evidence does not support a finding that these conditions are related to military service.