Other conditions decisions — 2008

The Board found that the March 1991 rating decision contained clear and unmistakable error (CUE) in failing to grant service connection for moderate muscle injury to Muscle Group XV and mild neuritis of the femoral nerve, which would have resulted in a higher evaluation. The veteran's current 30 percent evaluation for residuals of SFW to the left upper thigh is upheld.

The Board denied the veteran's request for an earlier effective date of July 14, 2003, for the grant of a 30 percent rating for his spontaneous pneumothorax. The veteran was awarded service connection in February 1957 and the last final denial of assignment of a compensable rating was in April 1960. There is no evidence of an increase in disability associated with the veteran's spontaneous pneumothorax within one year of July 2003.

The Board has determined that the veteran's diverticulosis did not begin in service and is not related to his period of service. Therefore, the claim for service connection for diverticulosis is denied.

The Board denied the veteran's claims for service connection for a lung disability and PTSD, finding no evidence of such conditions related to his military service or exposure to herbicides.

The veteran is seeking an earlier effective date for a 100% disability rating for schizoaffective disorder, but the case must be remanded to address whether there was clear and unmistakable error in the October 2001 rating decision. The RO should also adjudicate whether there was CUE in the January 1996 rating action which assigned an effective date of November 12, 1991.

The Board has denied the appellant's claim for service connection for cause of death and entitlement to DIC under 38 U.S.C.A. § 1318, finding that the veteran's death was not caused by any service-connected disability.

The Board found that the veteran's residuals of a crushing injury to the fifth metatarsal of the left foot are manifested by tenderness, painful motion, hammertoes, clawing of the fourth and fifth toe and hallux valgus. The preponderance of evidence does not support a higher rating than 10 percent.

The veteran's death was not service-connected, and the appellant's income is excessive for pension benefits. The claim for nonservice-connected death pension has been denied.

The veteran's residuals of a laceration to the left hand, dorsal surface have been granted a 10 percent disability rating from July 3, 2004.

The Board has determined that the veteran does not have a lung disability related to asbestos exposure during service and thus denied his claim for service connection.

The Board determined that the appellant's deceased spouse did not have qualifying service with the U.S. Armed Forces and therefore denied legal entitlement to VA benefits.

The veteran died due to a heart attack following surgery for an abdominal aortic aneurysm. The appellant claims that VA negligence contributed to the death, specifically alleging that doctors should have ensured the veteran discontinued his daily aspirin regimen prior to surgery.

The veteran is seeking reimbursement for unauthorized private medical expenses provided by Dominican Hospital from May 5, 2004 to May 14, 2004. The case has been remanded due to the need for a Board hearing.

The veteran's claim for reimbursement of unauthorized private medical expenses provided by Dominican Hospital from May 5, 2004 to May 14, 2004 is being remanded due to the need for a Board hearing.

The Board denied the veteran's claim for service connection for lupus erythematosus, finding no evidence of a current disability related to service or herbicide exposure.

The Board has determined that the veteran's lung disorder is related to his service and granted service connection.

The veteran is seeking a higher initial rating for his service-connected anaphylactic reaction to bee sting. The case has been remanded due to the need for additional development and consideration of new evidence.

The Board denied the veteran's claims for higher initial evaluations for post-operative residuals of a left hip labral tear and residuals of fracture of the great, second, and fifth toes of the left foot. The evidence did not support ratings above the currently assigned 10 percent evaluations.

The Board has determined that the veteran's nicotine dependence and tobacco abuse, which led to bronchopulmonary disease, were aggravated by active service. Therefore, the claim for service connection is granted.

The Board found that the veteran's heart murmur with mild tricuspid regurgitation and right ventricle enlargement did not meet the criteria for an increased evaluation beyond 30 percent.