Other conditions decisions — 2008

The Board found that the veteran's disability of the right leg and foot was not caused by VA care, but rather due to an event reasonably foreseeable. The decision denied compensation benefits under 38 U.S.C.A. § 1151.

The Board has determined that the appellant's dishonorable discharge bars him from receiving VA benefits based on his service period from June 1969 to September 1972.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting a new examination.

The Board has remanded the case for additional development, including obtaining service medical records and psychiatric evaluations. The appellant's claim will be re-adjudicated after these developments.

The veteran's appeal is being remanded due to the need for a local hearing before a Decision Review Officer.

The veteran's claims for increased ratings were denied. The left leg varicose veins claim was not granted, and the bilateral hearing loss and tinnitus claims did not result in any compensable ratings.

The Board has granted service connection for ankylosing spondylitis and finds that the veteran's irritable colon syndrome is not related to his military service.

The Board found that the veteran's fatal metastatic breast cancer had its inception during her period of active duty for training from June 10, 2000 to July 1, 2000. Therefore, service connection is granted for the cause of the veteran's death.

The Board found that the veteran's medical care at Saint Francis Hospital from May 5, 2004 to September 30, 2004 met the criteria for emergency services due to a medical emergency and non-VA facility was not feasibly available.

The Board has determined that an apportionment is not warranted due to the veteran's reasonable support for his son and lack of financial hardship.

The Board has remanded the case for further development, including obtaining a medical opinion to determine if the veteran's amputation of the left fifth toe is related to his cellulitis in service.

The Board has determined that the veteran's service-connected disability (residuals of gastrectomy and vagotomy with schistosomiasis) is sufficient to meet the criteria for a TDIU, as it is rated at 60% disabling. The evidence shows that his service-connected condition significantly impacts his ability to secure and maintain employment.

The Board found that the appellant does not have chronic, identifiable additional disability as a result of left inguinal hernia repair performed at a VAMC in February 1999. Therefore, VA compensation pursuant to 38 U.S.C.A. § 1151 for the residuals of the surgery is denied.

The Board denied service connection for a skin condition claimed as due to Agent Orange exposure, finding that the veteran did not have any presumptively related disorder and that his current skin conditions are not related to military service or any incident therein.

The veteran's claim for a higher rating for his right wrist disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board denied the veteran's claims for earlier effective dates for increased disability ratings due to lack of evidence showing an increase in disability within one year prior to January 28, 2002.

The Board denied the veteran's claim for service connection due to lack of competent medical evidence showing a disability manifested by urinary voiding difficulties had its onset during service or was related to service. The case is being remanded for further examination and consideration.

The Board has granted an increased rating to 30 percent for the veteran's left eye disability, which is the maximum evaluation possible given his vision in the right eye. The current visual impairment in the left eye is considered service-connected.

The Board found that the appellant's gonad hypopituitarism condition preexisted his ACDUTRA service and was not aggravated during such service. Therefore, the claim for service connection is denied.

The Board denied the veteran's claim for an initial rating in excess of 20 percent for his service-connected L5-S1 spondylosis with a T11-T12 disc bulge, finding that the evidence did not support such a higher evaluation.