Other conditions decisions — 2015

The Board found that the Veteran's umbilical hernia is not caused or made worse by his service-connected arteriosclerotic heart disease, status post myocardial infarction and coronary artery bypass graft.

The Board found no evidence of a current diagnosis of sinusitis, right ear numbness, or laryngitis/dysphonia. The VA opinions provided in the record do not support an association between these conditions and military service (to include the shrapnel wound to the head) or a service-connected disability.

The Veteran's claim for increased ratings for bladder dysfunction and neurological deficits of the right and left lower extremities due to decompression sickness has been granted, with a 40 percent rating assigned for each condition.

The Veteran's appeal is being remanded for further examination and opinion regarding his claimed respiratory or lung disability and memory problems, as well as whether VA exercised the expected degree of care in providing these services.

The Veteran's service-connected NSAID gastropathy has been rated as noncompensable since November 23, 2009. The Board finds that the evidence supports a 10% rating for this condition.

The Veteran's death was caused by a cerebral hemorrhage during a ventriculostomy procedure at the VA Medical Center, which resulted in additional disability. The Board found that this event was not reasonably foreseeable and granted compensation under 38 U.S.C.A. § 1151 for the cause of the Veteran's death.

The Veteran's claim for an initial compensable evaluation for impotence is being remanded due to the need for a VA examination and consideration of his lay statements regarding penis deformity.

The Veteran's claim for service connection for posttraumatic deformity of the left pelvis, with left hip strain was denied in 1994. He requested to reopen his claim on March 10, 2009, and this reopened claim resulted in a grant of service connection effective March 10, 2009.

The Veteran's claim for vocational rehabilitation benefits and training was denied due to the presence of service-connected and nonservice-connected disabilities. The Board has decided that an extended evaluation is needed to determine if a vocational goal is currently feasible.

The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran for VA death benefits purposes due to a lack of legal eligibility.

The Veteran's right leg disability, characterized by painful limitation of motion and additional functional loss due to stiffness, giving way, weakness, debility, swelling, locking, abnormal heat with constant pain rated at 10 percent under DC 5262, is now rated at 30 percent based on marked knee disability.

The Veteran's service-connected genital herpes simplex virus is manifested by intermittent outbreaks affecting less than five percent of the entire body and requiring constant or near-constant oral antiviral medication. The criteria for a maximum schedular rating of 60% have been met.

The Board has granted the appellant's request to reopen her claim of service connection for the cause of the Veteran's death, finding that new and material evidence has been received. The claim will now be reviewed on its merits.

The Veteran's appeal is being remanded for further development, including an updated VA examination to determine the current severity of his service-connected left forearm disability and any associated scars. The AOJ must also obtain all relevant medical records from April 2013 onwards.

The Veteran's unauthorized medical expenses of $3,804.00 incurred on March 29, 2011 at a private hospital were approved as the emergency treatment was provided in an appropriate facility and all conditions for payment under VA regulations were met.

The appeal has been dismissed due to the death of the appellant, and the Board does not have jurisdiction to adjudicate the merits of this case.

The Board denied reopening the claim for service connection for the cause of the Veteran's death in July 2007, finding that new and material evidence had not been submitted. The appellant has now provided additional medical records and testimony suggesting a possible link between the Veteran's death and his tracheotomy during service, but this evidence is considered cumulative or redundant.

The Veteran's claim for payment of private medical expenses incurred on July 21, 2012 is denied as VA facilities were feasibly available and an attempt to use them beforehand would not have been hazardous to the Veteran's life or health.

The Board denied the claim for service connection for the cause of the Veteran's death in November 2004. New evidence submitted since then does not relate to the relationship between the cause of death and active duty service, nor does it raise a reasonable possibility of substantiating the claim.

The Board has ordered additional development to determine if the Veteran's right leg injury was aggravated by service, and whether it existed before service entry.