Other conditions Board decisions

The veteran seeks compensation for an enucleated right eye under 38 U.S.C. § 1151 due to alleged VA negligence during cataract surgery. The Board has ordered additional development, including obtaining records related to a potential Federal Tort Claims Act claim and arranging for a medical opinion.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a gastrointestinal disorder (claimed as a duodenal ulcer).

The Board has denied the veteran's claim for service connection for residuals of a closed head injury, including headaches and hearing loss. The right elbow disability is still pending.

The Board has remanded the case due to the need for additional evidence related to the veteran's right lower extremity disability.

The VA has determined that the veteran's bilateral hand disability is not related to his service-connected lower back disability, and thus denied his claim for service connection.

The veteran's claims for an increased evaluation and TDIU are being remanded due to the need for additional medical examinations.

The veteran's claim for an effective date prior to September 20, 1998, for the payment of an additional dependency allowance was granted. The effective date is set at September 20, 1998.

The veteran's claims for increased ratings for residuals of excision of a hemangioma, right forearm and limitation of motion of the right elbow were denied. The RO found that the schedular criteria did not meet the requirements for higher evaluations.

The veteran's knee disorders are rated as 10 percent disabling for degenerative joint disease, but no higher. The RO denied entitlement to increased ratings or TDIU based on these conditions.

The veteran's death was caused by bronchogenic carcinoma, which is presumed to have been due to his exposure to Agent Orange during service. The appellant is entitled to DIC benefits starting September 1, 1997.

The veteran's claim for an increased disability evaluation for service-connected endometriosis and pelvic adhesions has been remanded due to the need for additional development under VCAA.

The Board has remanded the case due to incomplete medical records and requests for additional information from the appellant.

The Board denied the appellant's claim for improved death pension benefits due to her countable income exceeding the maximum allowable annual pension rate from 1999 through 2003.

The Board found that the veteran's current refractive error is not related to her service and denied her claim for service connection. For her laceration of the right middle and index fingers, the Board determined that the disability does not warrant a higher rating as it does not cause unfavorable ankylosis or limit motion which would require amputation-level ratings.

The Board found that the veteran's diagnosed chronic, acquired psychiatric disorder (agoraphobia with panic attacks) was not present in service or until many years thereafter and is not related to service.

The Board denied the veteran's request for a waiver of overpayment in the amount of $20,981 due to her bad faith in keeping and spending funds she knew were not hers.

The Board has remanded the case for further development due to inadequate examination findings related to the veteran's hypertensive vascular disease.

The VA denied an increased rating for the veteran's residuals of a laceration, dorsum, left hand and base of left thumb, with tendon repair.

The veteran seeks compensation benefits under the criteria of 38 U.S.C.A. § 1151 for postoperative residuals of a hysterectomy, claiming that she was improperly treated at the Erie Pennsylvania VA Medical Center (VAMC), leading to her need for an abdominal hysterectomy and subsequent complications.

The Board has ordered additional development due to outstanding VA medical records and the veteran's response indicating additional relevant evidence exists in his medical records.