Other conditions decisions — 2012

The Veteran's claim for higher level of aid and attendance under the provisions of 38 U.S.C.A. � 1151 due to medical treatment at VAMC Miami in July and August 1999 is being remanded for additional development, including obtaining VA treatment records from July 1999 to March 2000 and May 2000 to February 2005. A VA neurosurgeon will provide an opinion on whether the Veteran has additional disability due to VA treatment in July/August 1999, and if so, whether it resulted in a need for higher level of aid and attendance.

The Board found that no service-connected disability caused or contributed to the Veteran's death, and thus denied DIC benefits under 38 U.S.C.A. § 1318.

The Veteran reports recurrent fevers since service, but the VA examiner will need to determine their etiology and whether they are related to service. The case is remanded for this purpose.

The Veteran's brain tumors are found to be caused by an event not reasonably foreseeable, and he is granted compensation under 38 U.S.C.A. § 1151 for his brain tumors.

The Board denied service connection for a duodenal ulcer, finding no new and material evidence to reopen the claim. The Veteran's current condition is not established as related to his military service.

The Board has determined that the Veteran's bilateral conductive deafness does not warrant a rating in excess of 10 percent, as his hearing loss is characterized by an exceptional pattern of hearing impairment in the left ear only.

The Board denied the appellant's claim that a vehicle loan should be excluded from her income for purposes of determining her entitlement to nonservice-connected death pension benefits, as it is not considered a qualifying exclusion.

The Board has determined that there is no evidence of a current right or left leg disability that can be linked to service, and therefore denied the Veteran's claims for service connection.

The Veteran's appeal is being remanded to obtain missing records and to provide a VA examination for the claimed disability. The issues of service connection for loss of use of hands are also being remanded.

The Veteran's CVA is found to be at least as likely as not caused by the use of oral contraceptives prescribed for her service-connected anterior uterine fibroid, and thus secondary to that condition.

The Board has determined that the claim of whether new and material evidence has been received to reopen a claim for recognition as the surviving spouse of the Veteran for VA death benefits must be remanded due to inadequate notice.

The Board has remanded the case due to a lack of recent medical assessment of the Veteran's hip disabilities, and requests an updated VA examination to ascertain the current severity of her service-connected bilateral hip disabilities.

The Veteran died due to service-connected disabilities, but burial benefits are denied as he was not in receipt of VA compensation or pension at the time of his death and did not meet other criteria for burial benefits.

The Veteran's residuals of a gunshot wound to the right thigh are currently rated as 10 percent disabling, and his PTSD is rated at 50 percent. The Board found that neither condition warrants an increased rating.

The Veteran's ulcerative colitis disability is currently rated at 10 percent, and the Board found that it does not warrant a higher rating. The loss of sense of smell issue was remanded for further examination.

The Board has granted the Veteran's claims for service connection for residuals of a right hand fracture, left foot stress fracture, and right foot stress fracture. The appeals are based on direct service connection as there is no indication of any other theory of service connection.

The Veteran's gout of the right foot and left foot were found to have onset during service, with a continuity of symptoms since separation. The Board finds that these conditions are related to service.

The Veteran's unauthorized medical expenses incurred at a private hospital on February 24, 2009 were denied as VA did not provide prior authorization and the treatment was for a non-emergent condition.

The Veteran has withdrawn his appeals for the issues of service connection for ruptured aneurysm in left temporal region and benign prostatic hypertrophy, both secondary to diabetes mellitus type II.

The Board denied the Veteran's claim for eligibility to receive Montgomery GI Bill-Selected Reserve (MGIB-SR) education benefits because the Department of Defense has not determined that he is eligible.