Other conditions Board decisions

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for MRSA, which allegedly resulted from a colonoscopy performed at a VA medical center in September 2004. The case has been remanded due to issues related to representation and further development.

The Veteran's combined service-connected disability rating for bilateral varicose veins with chronic venous insufficiency is 20 percent, which does not meet the criteria for TDIU based on his service-connected disabilities alone. The Board denied the claim as there was no evidence of exceptional circumstances or unusual factors affecting employment.

The Board found that the Veteran's non-Hodgkin's lymphoma does not meet the criteria for a compensable rating and granted the reduction of his disability rating from 100 percent to noncompensably disabling effective March 1, 2007.

The Veteran's claim for service connection for allergies is dismissed as the issue has been resolved by the grant of service connection for his dermatological disorders.

The Board denied the appellant's claim for legal entitlement to one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas in the service of the Armed Forces of the United States.

The Board has granted the appellant's request for an extension of her delimiting date for DEA benefits, as she was prevented from initiating or completing a chosen program of education due to her own mental disability.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional examinations and clarification of the nature and etiology of his conditions.

The Veteran's appeal is being remanded due to the need for additional evidentiary development, including a VA examination and consideration of TDIU.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 are being remanded due to the need for additional VA examinations and opinions regarding the etiology of his numbness in the bilateral lower extremities and muscle spasms of the right calf, both claimed as resulting from VA lack of proper care/negligence in providing surgical treatment in October 2004.

The Board denied the Veteran's claims for service connection for residuals of a head injury and a disability manifest by blackouts. The claim to reopen his PTSD was also denied due to lack of new and material evidence.

The appellant is seeking service connection for the cause of her husband's death. The Veteran was service connected for gunshot wounds to his right arm and chest, but died from a cerebrovascular accident. The Board finds that a VA opinion is needed to determine if these service-connected conditions contributed to his death.

The Veteran's disability from a sternum fracture, with traumatic arthritis, is currently characterized by respiratory test results showing an FEV1 of 83 percent of predicted, FEV1/FVC over 100 percent of predicted, DLCO of 114 percent of predicted, and tenderness in the mid-sternal area. The criteria for a compensable evaluation have not been met.

The Board has granted service connection for otitis media of the left ear, but denied service connection for recurrent ear infection (including otitis media and otitis externa) claimed as secondary to service-connected pansinusitis.

The Board has remanded the case for additional development, including obtaining a VA medical opinion to determine if the Veteran's hand tremors and/or shakes are related to his military service.

The Veteran's bite and speech impairments, both residuals of an in-service osteotomy, are currently rated at the maximum available evaluations (20 percent for bite impairment and 10 percent for speech impairment). The Board finds that these ratings adequately reflect the severity of his service-connected disabilities.

The Veteran's right elbow disability, specifically his right medial epicondylitis, was initially rated at 10 percent disabling from July 22, 2003. In August 2010, the rating was increased to 20 percent effective June 9, 2010.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her income exceeding the statutory limits, regardless of whether M.A. is considered a helpless child or in custody.

The Veteran is eligible for Chapter 30 educational benefits due to her less than honorable discharge being due to a personality disorder that interfered with her performance of duties, and she has paid the required enrollment fee. Her eligibility remains contingent on paying the remaining $300 towards the enrollment fee.

The VA cholecystectomy in August 2000 and the stent placement in February 2001 caused bile duct obstruction, which is a foreseeable consequence of biliary stenting. However, the Veteran did not provide informed consent prior to the stent placement, constituting negligence on VA's part.

The Veteran's right thumb disability was granted a non-compensable rating, and the reduction of his sinus disability rating to 10% from April 1, 2004, was found proper. The claim for TDIU due to service-connected disabilities is denied.