Other conditions decisions — 2008

The Board has awarded an apportionment of the veteran's VA compensation benefits in the amount of $400 per month on behalf of two of his children, M.D. and E.D., as it does not cause undue hardship to him.

The Board has vacated its previous decision and is now remanding the veteran's claim for disability compensation under 38 U.S.C.A. § 1151 due to a lack of proper notification and an incomplete examination.

The veteran did not have any qualifying wartime service, so the appellant is not eligible for VA death pension benefits.

The veteran seeks payment for unauthorized medical expenses incurred at a private hospital on June 16, 2004. The case is being remanded to the VAMC in Portland, Oregon, for additional development of records and a VA medical opinion.

The Board has remanded the case to the RO for further development and readjudication due to a need for clarification of the nature and etiology of the veteran's avascular necrosis of both hips.

The VA determined that the veteran's shortened penis and dysfunction were not caused by negligence or lack of proper skill in providing care, but rather resulted from a different procedure than what was agreed upon. The decision found no fault on the part of VA.

The Board denied the veteran's request to reopen his claim of service connection for gastrointestinal disability, including peptic ulcer disease due to lack of new and material evidence.

The Board granted the appellant's claims for increased ratings, assigning a 60 percent evaluation for residuals of a right anterior chest thoracotomy due to recurrent pneumothorax.

The Board has determined that the veteran's residuals from a shrapnel fragment wound of the left thigh warrant a rating of 30 percent, effective May 22, 1998.

The Board granted service connection for a right thumb disability and a right index finger disability, each secondary to the veteran's residuals of a fracture of the right second metacarpal bone. Each disability was evaluated as 10 percent disabling.

The Board found that the veteran did not engage in combat with the enemy, and thus could not establish an in-service stressor related to combat. The diagnosis of post-traumatic stress disorder was based on non-combat-related events, but credible supporting evidence for these events was lacking. As a result, service connection for post-traumatic stress disorder was denied.

The Board has determined that the veteran's bilateral hip disability is not related to his military service and therefore denied his claim for service connection.

The Board denied an initial rating in excess of 10 percent for the veteran's right foot disability, finding that the evidence did not support a higher evaluation.

The Board found that the appellant was not on active duty, ACDUTRA, or inactive duty training at the time of his motor vehicle accident. Therefore, service connection for the left elbow fracture and deformity, as well as the left forearm disability, cannot be established.

The VA denied the appellant's claim for an evaluation in excess of 20 percent for his thoracic spine disability, finding that the evidence did not support a higher rating based on current symptoms and medical records.

The Board has denied the veteran's claim for service connection for bilateral eye disorder, claimed as detached retinas and floaters of the eyes, finding no evidence linking her current condition to her period of active duty.

The Board found that the veteran's service-connected right index and long finger disability does not warrant a higher initial evaluation, as there is no evidence of amputation or ankylosis. The plantar keratoses were evaluated under Diagnostic Code 7819, which pertains to new growths of benign skin. Given the area involved was less than 144 square inches (929 sq. cm.), a compensable rating could not be assigned.

The Board dismissed the appeal due to the death of the appellant, as appellants' claims do not survive their deaths.

The Board has granted service connection for the cause of the veteran's death due to MDS, which was found to be related to Agent Orange exposure during service.

The Board found that scleroderma was not incurred in or aggravated by service and may not be presumed to have been so incurred. The claim for pulmonary fibrosis was denied as well.