Other conditions decisions — 2011

The Board has determined that new and material evidence to reopen the claim for basic eligibility for death benefits has not been submitted, as the appellant's claims are based on a character of discharge under other than honorable conditions which is a bar to VA benefits.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if there is a nexus between the Veteran's current cerebrovascular disorder and service.

The Board found that the Veteran's current dental condition is not service-connected for VA treatment purposes due to lack of evidence supporting a nexus between his in-service injury and his current condition.

The Veteran's pseudogout was not incurred in or aggravated by service, nor is it shown to be due to, the result of, or aggravated by any service-connected disability.

The Board has determined that the Veteran does not have current diagnoses of Congestive Heart Failure or Cardiomegaly, and therefore cannot establish service connection for these conditions.

The Board has determined that the Veteran's current symptoms, including pain, paresthesias, numbness, and cool feet, are more likely related to his diabetes mellitus and peripheral vascular disease than to a cold injury sustained during service. The claim is granted as new evidence has reopened the issue of service connection for residuals of frozen feet.

The Board has granted service connection for a disability manifested by syncope and for radiculopathy of the right and left upper extremities, finding that these conditions are related to the Veteran's service-connected neck injury with ruptured C3-4.

The Board has remanded the Veteran's claim for further development due to inadequate examination and other procedural issues.

The Board has granted service connection for residuals of a head injury and degenerative joint disease of the spine, finding that these conditions are related to the Veteran's period of active service.

The Board has determined that there is a preponderance of evidence in favor of the Veteran's claim for service connection for a spine disability, as it was aggravated by his service-connected double vision.

The Board finds that the Veteran's residuals from his January 2003 VA surgery were not caused by any fault on the part of VA, and thus does not meet the criteria for compensation under 38 U.S.C. § 1151.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing before the Board at the RO in Winston-Salem, North Carolina.

The Veteran withdrew his appeals for the issues of service connection for a bilateral eye disorder, lung disorder, and liver transplant.

The Veteran withdrew his appeal for service connection of right leg pain, and the Board has dismissed this matter.

The Board has granted service connection for left hip degenerative joint disease, finding that the current disability is related to military service.

The Veteran's grandson, S.M.D., does not qualify as a dependent child for VA compensation purposes due to lack of adoption. As such, the claim is denied.

The Veteran's claim for payment of unauthorized medical expenses incurred at Rome Memorial Hospital on March 1-3, 2008 was denied as the criteria for reimbursement under 38 U.S.C.A. § 1728 were not met due to a failure to provide requested medical records within 30 days.

The Board denied the Veteran's claims for increased ratings for his service-connected gunshot wounds of the right foot and leg, finding that the combined disability rating for these conditions cannot exceed 40 percent due to the amputation rule.

The Veteran's bilateral eyes, including vision loss, did not result from VA carelessness or negligence. The Board finds that compensation under 38 U.S.C.A. § 1151 is not warranted.

The Veteran's lung disability, specifically left pneumothorax with operative wedge resection, is currently rated at 10 percent. The Board has ordered a remand to determine the current severity of his service-connected lung disability and whether new evidence supports reopening a claim for COPD.