Other conditions decisions — 2008

The veteran's death was not caused by VA medical treatment.,VA did not commit clear and unmistakable error in a prior decision that would have resulted in the veteran being continuously rated totally disabled for a period of 10 or more years immediately preceding his death.,No additional evidence, consisting solely of service department records that existed at the time of a prior VA decision but were not previously considered by VA, has been submitted to support reopening a claim finally decided during the veteran's lifetime.,Prior to September 28, 1998, visual acuity of the veteran's left eye was greater than 5/200. Therefore, entitlement to SMC based on anatomical loss of one eye prior to that date is denied.

The Board found that the veteran's colon cancer was not caused by VA's carelessness, negligence, or error in judgment. Therefore, his claim for compensation under 38 U.S.C.A. ¶ 1151 is denied.

The Board denied the veteran's claim for an earlier effective date of July 15, 2003, for service connection of left elbow strain with decreased grip strength of the left hand.

The Board has remanded the case due to a failure to comply with VA procedures for determining herbicide exposure in Germany. The veteran's claim will be reconsidered based on new evidence and information.

The Board has determined that the veteran's current psychiatric disorder, diagnosed as a personality disorder, is not a disease or injury for which VA disability compensation can be granted. Therefore, service connection for this condition is denied.

The Board has determined that the veteran's claimed in-service stressors have not been verified, and therefore service connection for PTSD cannot be established.

The veteran's GSW of the right chest with retained foreign body does not meet the criteria for an evaluation in excess of 20 percent disabling.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for optic neuritis of the right eye, including as secondary to exposure to herbicides. As such, the claim remains denied.

The veteran's claims for increased ratings for left and right foot impairments were denied, except for a grant of 20 percent disability rating for the right foot impairment beginning March 30, 2006.

The veteran's claim for an initial rating in excess of 30 percent for cephalagia is being remanded due to the need for additional development, including a new examination and consideration of all evidence.

The veteran is seeking service connection for shingles, a skin condition other than shingles, cardiovascular disease and a lung condition. The Board has determined that additional development is needed to address the etiology of these conditions.

The Board found no evidence of a chronic left hip disorder and denied the veteran's claim for service connection.

The Board has granted service connection for the veteran's bilateral hip disorder, finding that it is at least as likely as not caused by his service-connected left knee disability.

The Board denied the claim for service connection for the cause of death due to pancreatic cancer, finding that there is no evidence linking it to Agent Orange exposure or active service.

The veteran is seeking an increased disability rating for his service-connected bilateral eye disorder. The case has been remanded due to the need for additional evidence and a new VA examination.

The veteran died without being in receipt of VA compensation or pension, and there were no pending claims for such benefits. The death occurred at a private facility, not in a VA facility, and the appellant did not provide evidence that the body was held by a state or political subdivision of a state.

The Board found that recovery of the overpayment would not be against equity and good conscience, thus denying the veteran's request for waiver.

The Board has determined that the veteran's Churg-Strauss syndrome was incurred during service and continues to exist, thus granting service connection for this condition.

The veteran is entitled to reimbursement for unauthorized medical expenses incurred at a private hospital from January 3, 2006, to January 4, 2006 due to an emergency medical condition.

The January 1970 rating decision denying service connection for meningitis with toxic tenosynovitis is final. The November 2001 rating decision granted service connection for arthritis of the shoulders, knees, elbows, hands, and feet due to meningitis with toxic tenosynovitis effective from August 9, 1999.