Other conditions decisions — 2015

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied in August 2005, but the Board is considering whether there is CUE in this decision and if new and material evidence has been submitted to reopen his claim.

The Board has determined that the Veteran's current skin disability, diagnosed as urticaria, originated during his active service and grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's bilateral knee disability, diagnosed as patellar chondromalacia with degenerative joint disease, has been granted an initial 10 percent rating. The effective date is not specified.

The Veteran's eye condition, specifically minimal hyperemia of the eyes, has been rated at a 10 percent disability level throughout the appeal period.

The Veteran's claim for service connection for residuals of dental trauma, to include an upper left tooth, for compensation purposes is denied as there is no evidence that his current condition is due to loss of substance of the body of the maxilla or mandible.

The appellant is seeking DIC benefits under 38 U.S.C.A. § 1151 for the cause of her husband's death as a result of VA medical treatment, specifically alleging that his fall at a VA facility caused or hastened his death.

The Board found no evidence linking the Veteran's current respiratory disorder or right lung injury to his service, including exposure to environmental contaminants. The claim for service connection was therefore denied.

The Veteran's overpayment of $7,495.70 was waived due to the loss of his claims file and the inability to determine if he notified VA of his divorce.

The Veteran's private hospitalization was for a nonservice-connected disorder, and the claim for payment or reimbursement of unauthorized medical expenses incurred during his hospitalization at St. Mary's Medical Center on July 10, 11, 13, and 23, 2010 is granted.

The Veteran was found to be in need of regular aid and attendance prior to April 2, 2012 and from the date of claim (June 14, 2011), meeting the requirements for nonservice-connected pension benefits. The effective date is granted prior to April 2, 2012.

The Board has dismissed the appeal as the issue of service connection for gout of both feet has been granted and is no longer in dispute.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and preparing an addendum medical opinion to address the relationship between his scalp rash with hair loss and service connection.

The Veteran's fatigue, sleep impairment, respiratory problems, and gastrointestinal issues are being remanded for further evaluation as the current evidence is unclear regarding their etiology.

The Board has remanded the case due to missing service treatment records and a need for a VA dental examination. The Veteran's claim of service connection for jaw injury will be reconsidered based on the new evidence.

The Veteran's claim for service connection for gastric ulcer disease with H-pylori infection is being remanded due to the need for additional medical opinions and consideration of new evidence.

The Board has remanded the case due to the need for a VA examination and additional development of evidence related to the Veteran's malaria.

The Veteran's claims for higher ratings for vocal cord damage with chronic hoarseness and swallowing/coughing impairment have been denied as there is no evidence of severe esophageal stricture or inability to communicate by speech.

The appellant's claim for an earlier effective date for the grant of DIC benefits is denied as there was no clear and unmistakable error in a prior decision, and the issue cannot be considered as a free-standing claim.

The Veteran's service was less than 90 days and does not meet the requirements for basic eligibility for VA nonservice-connected pension benefits.