Other conditions decisions — 2009

The Board denied the Veteran's claims of service connection for a skin condition, bilateral eye condition, and vertigo. The decision concluded that there was no evidence linking these conditions to his service or any presumptive exposure to herbicides.

The Veteran's myasthenia gravis was not present in service or for decades following his active duty separation, and it is not causally related to active service. Therefore, the claim for service connection is denied.

The Veteran is seeking a TDIU based on his service-connected cold weather injury residuals of the hands and feet with DJD. The Board has determined that additional development, including a VA examination to assess the severity of these disabilities and their impact on employment, is necessary.

The Board has determined that the Veteran's dishonorable discharge for his period of service from July 18, 1972 to November 14, 1974 remains a bar to VA compensation benefits. The evidence submitted since the January 2004 Administrative decision does not provide new and material evidence to change this determination.

The Veteran's bilateral postoperative posterior subcapsular cataracts were not incurred or aggravated in active military service and are not secondary to radiation exposure during service. The claim for service connection was denied.

The Board has ordered the case to be remanded for further development, including considering new evidence of medical expenses and consolidating all relevant evidence.

The VA denied the Veteran's claim for an increased rating greater than 20 percent for his thoracic spine disability, finding that the condition did not meet the criteria for a higher rating based on current symptoms.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from April 11, 2007 to April 14, 2007 was denied as the Veteran had not received VA health care within the previous 24-month period preceding his hospitalization.

The Board has determined that the Veteran's bilateral inguinal hernia did not have its onset in service and is not otherwise etiologically related to active service from February 1952 to December 1953, thus denying his claim for service connection.

The Board found that the Veteran's eye disorders, including myopia and astigmatism, were not incurred or aggravated during his military service. The VA examiner concluded that these conditions are not related to his period of active duty or his exposure to anhydrous ammonia in January 2002.

The Board has determined that the Veteran's income exceeds the maximum allowable limits for nonservice-connected pension benefits, and thus he is not eligible for these benefits.

The Veteran's service-connected residuals of a left varicocelectomy are manifested by testalgia, and the criteria for a higher rating have not been met.

The Veteran's claim for benefits under 38 U.S.C. § 1151 was denied because the VA medical personnel did not cause his additional disability, as he already had a diagnosed peptic ulcer prior to their treatment.

The Veteran's claims for service connection for a left eye disability and numbness, as well as his claim for an increased rating for left ear otitis media, were all denied. The issue of entitlement to benefits under the provisions of 38 U.S.C. § 1151 is addressed separately.

The Veteran's initial rating for a bunion of the right foot is denied as it exceeds the maximum schedular evaluation available under Diagnostic Codes 5279 and 5280. The claim for service connection for left ear otitis media was not addressed in this decision.

The Veteran's death was caused by VA hospital care, but the Board finds that there is no evidence of negligence or fault on the part of VA. Therefore, DIC benefits under 38 U.S.C.A. § 1151 are denied. The claim for accrued benefits is also denied as there was no pending claim at the time of the Veteran's death.

The Board denied the Veteran's applications to reopen his claims of service connection for residuals of a right patellar injury and back injury, finding that no new and material evidence had been presented.

The Board found that the cause of the Veteran's death was not incurred in or aggravated by active service, and may not be presumed to have been so incurred or aggravated. The appellant's claim for service connection for the cause of her husband's death was denied.

The Board has dismissed the appeal as the appellant requested to withdraw it.

The Veteran's fungal infections of both feet and hands were first manifested during active duty service, and the Board finds that these conditions are related to his military service.