Other conditions decisions — 2008

The Board has determined that further development is needed to ensure proper VCAA notice and a comprehensive medical opinion regarding the cause of the veteran's death. The case will be remanded for these actions.

The Board has determined that the veteran's benign prostatic hypertrophy is due to disease or injury incurred in active service, and thus granted service connection for this condition. The heart murmur claim was denied as there is no current diagnosis of a heart murmur.

The Board denied service connection for residuals of a pulmonary embolism and arthritis, finding that the veteran's conditions are not related to his military service.

The Board found that the veteran's right thumb disability, which includes post-traumatic arthritis and a residual fracture, does not warrant a rating in excess of 10 percent.

The Board has denied the veteran's claims for service connection for shortness of breath and irregular heart beat as secondary to her service-connected hypothyroidism, finding no evidence linking these conditions to her treatment for hypothyroidism.

The Board found no evidence of a current diagnosis of PTSD and denied the claim for service connection.

The Board has determined that the veteran's mixed obstructive and restrictive pulmonary defect to include dyspnea is attributable to service, warranting service connection.

The VA has granted a 10 percent rating for the veteran's residuals of a pelvic fracture with left groin pain since August 24, 2005.

The Board has determined that the veteran does not have a current disability of herpes zoster and therefore, service connection for this condition is denied.

The Board found that the veteran's service-connected PTSD did not contribute substantially or materially to his death due to arteriosclerotic cardiovascular disease, which was not related to his active service. The appellant's claim for service connection for the cause of death is denied.

The VA denied the veteran's claims for a compensable evaluation for concussion hysteria and service connection for a right leg disability, finding that there was no evidence of an injury or chronic condition in service.

The Board finds that a compensable rating is not warranted for the service-connected residuals of a fracture of the first metacarpal on the veteran's left hand due to lack of ankylosis and no additional loss of motion.

The VA granted service connection for poikiloderma of civatte of the neck and assigned a 10 percent evaluation, effective May 1, 2005. The veteran's claim for an increased rating for degenerative joint disease of the thoracolumbar spine with disc bulge was also granted, but he is still seeking higher evaluations.

The Board has determined that the veteran's squamous cell carcinoma, which is currently diagnosed and linked to his presumed exposure to herbicides during service in Vietnam, meets the criteria for service connection. As such, the claim is granted.

The veteran's claims for earlier effective dates for service connection for neurogenic bladder and fecal incontinence have been granted, with the effective dates set at March 14, 1997, and March 26, 1998 respectively.

The Board found that the veteran's scoliosis pre-existed service and did not increase in severity during active duty, thus denying his claim for service connection.

The veteran seeks service connection for heart disorder, including a heart murmur and related conditions. The RO denied the claim based on the finding that a heart murmur is not a disability for VA purposes. The case is remanded to determine if any current diagnosed heart disorder was incurred or aggravated by active military service.

The veteran's service-connected residuals of a medial meniscus injury to the left knee with arthritis were granted a disability evaluation of 40 percent from September 28, 2006. The limitation of flexion was separately awarded a 10 percent evaluation.

The veteran received emergency medical treatment at Champlain Valley Physicians Hospital on October 12-13, 2006 for a fever. The Board found that the closest VA facilities were not reasonably available and granted payment or reimbursement of unauthorized emergency medical expenses.

The Board found that the veteran did not incur any residuals of a colonoscopy injury as a result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA treatment providers who performed a colonoscopy in November 2002. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.