Other conditions Board decisions

The Board denied service connection for residuals of a left femur fracture and secondary service connection for nerve disabilities as secondary to residuals of a left femur fracture, finding that the pre-existing condition existed prior to service and did not worsen during service.

The Veteran's appeal is being remanded for further development, including a VA examination to determine if the left forearm motor nerve damage with loss of use was caused by carelessness or negligence on the part of VA in providing hospital care, medical or surgical treatment.

The Board has determined that the Veteran's cause of death, gastric cancer and abdominal sepsis, is not service connected due to lack of evidence showing a direct relationship with his military service or any service-connected conditions.

The Board found that the RO's May 1984 decision denying death benefits was not clearly and unmistakably erroneous. The Veteran's death was determined to be due to willful misconduct, which is a finding supported by the evidence of record at that time.

The Board has ordered a remand due to the need for further examination and opinion regarding whether the Veteran's dizziness and loss of equilibrium are related to his service-connected disabilities, specifically his residuals of shell fragment wound to the head and headaches.

The Board is remanding the case for additional development, including obtaining employment information from the Veteran's former employers and any pertinent VA or private medical records. The case will be reviewed by the Director of Compensation and Pension Service to determine if an extraschedular evaluation is warranted.

The claim has been reopened due to the submission of new evidence suggesting a possible link between the Veteran's exposure to Agent Orange and his colon cancer. The issue remains unresolved as service connection for cause of death is not established.

The Board finds that the appellant was not the service member's surviving spouse for VA purposes and denies her claim.

The Veteran's cancer of the larynx was not incurred in or aggravated by active service and is not related to his military service. The claim for service connection is denied.

The Board denied the petition to reopen service connection for a lung disorder, claiming pulmonary emphysema and shortness of breath. The claim was not reopened as new and material evidence was not submitted.

The Veteran's claim for a higher rating for his service-connected chronic right leg thrombophlebitis was denied as he failed to report for the required VA examination, and thus operation of law.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claim for service connection for a pulmonary disorder, to include as secondary to asbestos exposure.

The Board has found that there are evidentiary deficiencies and inconsistencies in the Veteran's financial status, particularly regarding his income since August 2006. The case is REMANDED for further development to address these issues.

The Veteran's claim for an increased evaluation for his service-connected right thumb disability is being remanded due to the inadequacy of the March 2008 VA examination. The case will be returned to the RO/AMC after a new examination.

The Veteran's service-connected tarsal tunnel syndrome of the left and right legs is currently rated at 10 percent each, but does not meet the criteria for a higher evaluation as there is no evidence of severe incomplete paralysis or even moderate limitation of motion.

The Veteran's claim for education benefits under the Montgomery GI Bill-Selected Reserves (Chapter 1606) is remanded due to unclear eligibility based on her reenlistment status and period of obligated service.

The Veteran's service-connected dysthymia was rated at 50 percent from March 25, 2005, due to symptoms including circumstantial speech, panic attacks, impairment of memory, impaired judgment, and difficulty in establishing and maintaining effective work and social relationships.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA facility is being remanded due to the need for additional development, including obtaining relevant treatment records and providing VCAA-compliant notice.

The Board has remanded the case for additional development due to inadequate examination reports and new evidence is requested.

The Veteran's gastrointestinal disability to include residuals of parasitic infection is not service-connected. The Board finds that the Veteran has a history of abdominal discomfort after service, which he attributes to his parasitic infection during service. However, there is no evidence of a chronic or permanent gastrointestinal disability associated with this parasitic infection. For the low back disability and bladder outlet obstruction/nerve injury claims under 38 U.S.C.A. § 1151, the Veteran's symptoms are not shown to be due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.