Other conditions decisions — 2013

The Board has determined that the Veteran's claimed dizziness is not due to a disease or injury and therefore, service connection for this disability cannot be granted.

The Board has found that the Veteran's current left leg disability is not related to his service, specifically a mine explosion while in Vietnam. The VA examinations have consistently concluded that there is no nexus between the Veteran's in-service injury and his current condition.

The Veteran has withdrawn his appeal regarding the TDIU claim, including on an extraschedular basis. The Board is dismissing the case as a result.

The Board denied the Veteran's claims for increased ratings for his inguinal hernia and deviated septum, finding that uniform ratings were appropriate. The effective date of a retroactive increase in rating for the inguinal hernia was determined to be March 1, 1992.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of a current disability, and the claimed distress rectum is not shown to be related to VA treatment.

The Board denied the Veteran's claims for service connection for a gunshot wound to the throat and throat trouble, finding that there was no credible evidence of such injuries during his military service. The claim is therefore denied.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 was denied in May 2008 due to the lack of evidence showing negligence, carelessness or improper care as the proximate cause of his additional disability. The new evidence submitted since then is considered cumulative and does not provide a basis for reopening the claim.

The Board has remanded the case for additional development, including obtaining medical records and providing a medical opinion regarding the Veteran's inability to have children due to in-service gynecological treatment.

The Board has remanded the case due to the need for additional medical examinations and records, including those from VA Medical Center in Poplar Bluff and a private physician.

The Board found that the Veteran's peripheral vascular disease in his lower extremities was not incurred or aggravated by service and is unrelated to a service-connected disability. The claim for service connection was denied.

The VA medical examiner found no right leg muscle weakness as a result of the shrapnel wounds sustained during service, and thus denied the Veteran's claim for service connection.

The Board has decided to remand the Veteran's claim for a waiver of indebtedness due to insufficient evidence in the record, including proof of school enrollment and payment history.

The Veteran's claim for an initial evaluation in excess of 10 percent for a staph infection of the neck has been dismissed due to his death.

The Board found that the appellant was not entitled to transfer more than 20 months of educational benefits under Chapter 33 (Post-9/11 GI Bill) due to her father's previous use of 28 months of Chapter 32 (VEAP) benefits, and thus denied the claim.

The Veteran's claims for payment or reimbursement of unauthorized medical expenses at the University of Michigan Hospital were denied as he had coverage under a health-plan contract (Medicare A) and thus was not personally liable for the treatment.

The Board has dismissed the appeal regarding service connection for a left eye disability, and is remanding the issue of an earlier effective date for the grant of service connection for blindness in the right eye.

The Veteran's death benefits claim was denied because the appellant cannot be recognized as his surviving spouse for VA purposes.

The Board found that the preponderance of evidence is against finding a connection between the Veteran's squamous cell carcinoma of the tongue and his military service, including exposure to ionizing radiation. The claim was denied.

The Board finds that the Veteran's loss of sight in his left eye was caused by a delay in treatment for a detached retina, resulting in total blindness. The Board concludes that VA did not exercise the degree of care expected from a reasonable health care provider and thus negligence on VA's part is established.

The Veteran's right leg disability, including varicose veins, edema, and venous insufficiency, is being remanded for further examination to determine if it is proximately due to or aggravated by his service-connected arteriosclerotic heart disease.