Other conditions decisions — 2009

The Veteran is shown to have additional disability (chronic pain and weakness of the left lower extremity) that is due to fault on the part of VA care-providers in the course of his May 2005 VA lumbar decompression surgery. The criteria for establishing entitlement to compensation under 38 U.S.C.A. § 1151 are met.

The Board found that the Veteran's current heart condition is not related to his active service, ACDUTRA or INACDUTRA. The evidence does not support a finding of service connection.

The Board has remanded the case for further development due to an inadequate examination in June 2003 and a need to address whether the erythema multiforme was aggravated during active duty for training (ACDUTRA).

The Board has remanded the case for additional development due to the need to obtain medical records and address service connection for HIV-related illness with AIDS.

The Board denied service connection for a blood vessel and circulatory disorder of the lower extremities, did not reopen the claim for service connection for a back disorder due to lack of new and material evidence, and found that hospitalization for coronary artery disease does not meet criteria for temporary total evaluation.

The Veteran's skin rash was not incurred in active service and the claim for fatigue, fever, and chills is also denied.

The Board denied the Veteran's claim for an earlier effective date for adding a dependent to her compensation award, finding that the failure to promptly notify VA of the existence of the dependent was not due to mental incapacity and thus no equitable tolling could be applied. The Veteran's service-connected disabilities did create some cognitive impairment but she has not demonstrated they rendered her incompetent.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case for further development, including obtaining medical records and providing a VA examination to determine whether the Veteran has current residuals of the in-service groin injury.

The Veteran's right eye blindness is the result of an error in judgment on the part of his VA caregivers, and compensation under the provisions of 38 U.S.C.A. § 1151 is granted.

The Veteran's service-connected osteoporosis associated joint disorder was initially granted with a non-compensable evaluation, and later increased to 10 percent effective March 17, 2007. The appeal is for an increase in the disability rating.

The Board denied the Veteran's request to reopen his claim for service connection for a heart condition, finding that new and material evidence had not been presented.

The Veteran's appeal is being remanded due to the need for notification of applicable rating criteria and a new VA examination.

The Veteran died on October [redacted], 2004. The appellant filed a claim for accrued benefits based on unreimbursed medical expenses incurred prior to the Veteran's death. However, as there was no pending claim at the time of the Veteran's death and the appellant did not have standing due to her not paying the medical costs herself, the claim is denied.

The Board denied the Veteran's claim for service connection for ventricular tachycardia, finding that new and material evidence had not been submitted to reopen the claim. The Board also found that the Veteran's ventricular tachycardia was not related to his service-connected PTSD.

The Board denied service connection for a personality disorder as it is not considered a disease or injury within the meaning of applicable legislation providing VA compensation benefits.

The Board has remanded the case due to incomplete records and a need for a VA dermatology examination to determine if any current skin conditions are related to service, including exposure to Agent Orange.

The Board has determined that the April 1998 rating decision denying service connection for right rib contusion was clearly and unmistakably erroneous. The Veteran's residuals of right rib contusion are causally related to active service.

The Board found that the cause of the Veteran's death was not related to his service, and denied claims for accrued benefits and nonservice-connected death pension.

The Veteran's widow is granted accrued benefits, but the RO must consider medical expenses in determining the amount of pension due to the Veteran's estate for the year prior to his death.