Other conditions decisions — 2011

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his post operative residuals of a left lower lobectomy secondary to bronchiectasis.

The Board denied the appellant's claim as she was not recognized as the Veteran's surviving spouse at the time of his death due to a prior divorce and lack of subsequent cohabitation.

The case is being remanded for scheduling a hearing before the Board of Veterans' Appeals. The appellant will be notified if further action is required.

The Veteran's claim for service connection for a psychiatric disability was denied in February 2003. He submitted a new claim on June 21, 2004, and the VA granted service connection for delusional disorder, persecutory type, effective from that date.

The Veteran's claim for service connection for bilateral eye disability, including as secondary to his service-connected ischemic heart disease, is remanded due to the need for a more specific medical opinion regarding the etiology of the claimed conditions.

The Veteran's appeal is remanded to obtain additional VA treatment records and for a new examination to evaluate his service-connected bilateral pes cavus.

The Board has granted service connection for the cause of the Veteran's death, finding that it is at least as likely as not related to his military service, including exposure to toxins during service in Vietnam and the Persian Gulf.

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

The Veteran's request for waiver of a $2,640 debt was denied because it was not submitted within the required 180-day period after notification of the debt.

The Veteran's appeal is being remanded due to the need for additional development, including new VA examinations and obtaining outstanding medical records.

The Veteran's left knee disability has been manifested by complaints of swelling, weakness, and fatigability. However, on examination in April 2009, no functional impairment was found. The slight other impairment caused by these symptoms is specifically contemplated in the schedular rating criteria.

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

The Veteran withdrew his appeal for intestinal cancer and temporary total evaluations due to hospitalization and convalescence for a service-connected disability.

The Veteran's onychomycosis of the toenails and fungus of the fingernails have been rated as noncompensable since December 28, 2004. The conditions do not meet the criteria for a compensable rating under VA's skin disability rating criteria.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board denied the Veteran's claims for restoration of a 100 percent rating for service-connected PVS and entitlement to a rating in excess of 60 percent for PVS of the left hip, from June 4, 2002.

The VA denied the Veteran's claim for service connection of chronic pancreatitis with pseudocyst, finding that it is more likely due to his own alcohol use rather than any in-service exposure.

The Veteran has been adjudicated as having a permanent and total service-connected disability. However, the appellant is eligible for benefits under the TRICARE program, which prohibits eligibility for CHAMPVA benefits due to their concurrent eligibility for Medicare Part A.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a stroke, including right upper extremity numbness and weakness, is granted as the additional disability was caused by carelessness or negligence on the part of VA.

The Veteran's claim for service connection for herpes simplex virus encephalitis, to include as secondary to Bell's palsy, is denied. The Board finds that the evidence does not support a finding of direct service connection.