Other conditions decisions — 2008

The Board denied the appellant's applications to reopen her claims of entitlement to service connection for the cause of the veteran's death and VA DIC benefits under 38 U.S.C.A. § 1318, finding that new and material evidence had not been presented.

The Board denied the veteran's claim for VA compensation under 38 U.S.C.A. § 1151, finding no additional disability as a result of the August 4, 1999 cholecystectomy and that there was no fault on the part of VA.

The Board found that the VA treatment in question was not faulty and did not cause additional disability, thus denying compensation under 38 U.S.C.A. § 1151.

The Board denied the veteran's claim for service connection for residuals of a right foot injury, finding that his preexisting condition was not aggravated by military service.

The Board has ordered additional development to verify the veteran's service dates and obtain medical records. The case will be remanded for further action.

The Board denied the veteran's claim for an increased disability rating for his service-connected thoracic spine disorder, currently rated at 10 percent.

The veteran's claimed chest pain with shortness of breath is not related to his active duty service and cannot be considered a qualifying chronic disability. Therefore, the claim for service connection is denied.

The veteran claims compensation under the provisions of 38 U.S.C.A. § 1151 for a spinal cord infarction due to VA's failure to provide him with refill of his medications. The Board has remanded the case for clarification from the VA examiner regarding whether it is at least as likely as not that the proximate cause of the veteran's spinal cord infarction was training, hospital care, medical or surgical treatment, or an examination furnished by the VA.

The Board denied the veteran's request to restore his compensation benefits from half the rate due to incarceration for a felony, and also denied his waiver of overpayment of VA compensation benefits.

The Board found that the veteran's preexisting hydronephrosis did not increase in severity during service beyond its natural progression, and granted service connection for the condition.

The veteran died in June 1995 due to sarcoma of chest wall and neck. The RO granted service connection for the cause of death, but did not grant DIC benefits as the appellant's claim was received after one year from her husband's death.

The Board denied the veteran's claims for a higher rating for his left elbow disability and service connection for hypertension, finding that the evidence did not support the need for an increased rating or service connection.

The Board has determined that the veteran's current right foot injury is a result of an in-service incident and has granted service connection for residuals of a right foot injury.

The Board has determined that further development is needed to determine the relationship between the veteran's current back disability and his military service, particularly his fall while off-loading ammunition at the Anzio Beachhead. The case will be returned to the RO for this purpose.

The veteran's surviving spouse is granted enhanced DIC benefits based on the provisions of 38 U.S.C.A. § 1311(a)(2) due to their common law marriage for more than eight years immediately preceding his death.

The Board has remanded the case for further development due to unclear service dates and potential exposure issues, as well as incomplete medical records. The veteran's claims for service connection and increased rating will be reconsidered.

The veteran's appeal for service connection for poison ivy and an initial evaluation in excess of 60 percent for cytomegalovirus (CMV) is denied. The effective date claim for the grant of service connection for CMV is also denied.

The Board found that the veteran's dental disorder was not incurred or aggravated by service and denied his claim for service connection.

The VA denied compensation benefits under 38 U.S.C.A. § 1151 for bilateral eye disabilities resulting from surgery performed at the VAMC in May 2004, finding that there was no additional disability due to carelessness, negligence, or lack of proper skill on the part of VA.

The Board has determined that there is no competent evidence to support a finding that the veteran's photophobia, right eye, status-post eye injury, is related to service.