Other conditions decisions — 2009

The Veteran's cause of death was cardio respiratory arrest due to massive stroke and atherosclerotic vascular disease. The Board found no evidence that these conditions were related to his service, including any presumed exposure as a prisoner of war.

The Board has decided to remand this case for additional development, including obtaining medical records and providing the Veteran with a VA eye examination.

The Board has determined that the Veteran's notice of disagreement was timely filed, and thus grants his appeal regarding whether he should receive monthly apportionment of his VA benefits for his minor child.

The Board has granted service connection for adhesions and assigned a 10 percent disability rating for the scar status-post retroperitoneal lymph node removal. The initial evaluation in excess of 20 percent for status-post left orchiectomy and lymph node dissection is also granted.

The Veteran's perforated colon and resulting complications were caused by VA negligence during a March 2006 colonoscopy, leading to sepsis, respiratory failure, and significant surgical repair. The Board finds in favor of the Veteran and grants compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for an increased rating for his fractured left tibia is being remanded due to the need for a videoconference hearing.

The Veteran's appeal is being remanded for further development, including additional VA examinations and consideration of the claims in light of all relevant evidence.

The Veteran's claim for an increased rating for his service-connected psychophysiological gastrointestinal reaction (most recently diagnosed as somatoform disorder) with manifestations of antral gastritis and peptic ulcer disease is being remanded due to the need for additional medical records, examinations, and further development.

The Veteran's idiopathic pulmonary fibrosis is not related to active service and the claim for service connection is denied.

The Veteran's lung disorder is not related to his military service, including asbestos exposure. Service connection for the lung disorder is denied.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance is denied as he does not qualify for nonservice-connected pension benefits due to his income exceeding the maximum limit.

The Veteran's tachycardia, premature ventricular heart beat, shortness of breath, light headedness, and dizziness are not considered to be caused by VA treatment, thus the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the unauthorized medical expenses for treatment provided on February 11 and February 12, 2006 at Manatee Memorial Hospital in Bradenton, Florida were for an ongoing emergent condition of such a nature that the Veteran could not have been safely transferred to a VA or other Federal facility.

The Veteran's appeal for a total disability evaluation based on individual unemployability (TDIU) has been dismissed due to the death of the Veteran.

The Board has reopened the appellant's claim of entitlement to recognition as the helpless child of the service member, but denied the claim on the merits.

The Veteran's claim for specially adapted housing was pending at the time of his death, but there is no basis for a grant of such benefit on an accrued basis as it is not a periodic monetary benefit.

The Board found that the Veteran's dementia did not start during service and was not caused by his service-connected condition, leading to a denial of the claim for service connection for cause of death.

The Board has remanded the case due to procedural defects in notification under the Veterans Claims Assistance Act of 2000 (VCAA). The appellant and her representative are given an opportunity to respond.

The Veteran's appeal is being remanded due to his request for a Travel Board hearing. The case will be returned to the Board after the hearing.

The Board has remanded the case due to insufficient evidence regarding whether the medical expenses were incurred in a medical emergency, and whether VA or other Federal facilities were feasibly available.