Other conditions Board decisions

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private facility was denied because the VA facilities were feasibly available and an attempt to use them beforehand would have been considered reasonable by a prudent layperson.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The appellant's claim for service connection for residuals of a stroke has been dismissed due to the death of the appellant during the pendency of the appeal.

The Board found that the veteran's current deep venous thrombosis of the right lower extremity did not begin during service, was not caused by any incident of service, and was not caused or aggravated by his service-connected right knee disability.

The Board denied service connection for residuals of retained metallic foreign bodies in the mid-spinal area due to a lack of medical evidence showing a current disability related to his in-service shrapnel wounds.,The Board also denied an initially compensable evaluation for residuals of retained foreign bodies in the lungs, as there is no medical evidence showing these conditions are related to service.

The Board denied the veteran's claim for a higher rating for residuals of a gunshot wound to the right hand. The current noncompensable rating assigned for limitation of motion in the right fifth finger is considered appropriate. However, ankylosis of the right long finger due to a gunshot wound was granted with a separate 10 percent rating.

The veteran's post-operative herniated nucleus pulposus at L4-5 results in moderate to severe pain on motion, some loss of sensation, and radiation of pain into his lower extremities. The current disability rating is 40 percent, which represents the maximum schedular evaluation available for limitation of motion of the affected joint.

The Board has determined that the veteran's sick sinus syndrome with irregular heartbeat is not related to his military service and therefore denied his claim for service connection.

The Board has determined that the veteran's emergency room visits were not for an emergency and VA facilities were feasibly available, thus denying payment or reimbursement.

The Board found that the appellant is not the surviving spouse of the veteran and therefore, there is no legal basis for the claim of service connection for the cause of the veteran's death.

The Board has granted a 10 percent rating for service-connected enucleation of the left eye, which is the maximum schedular rating after deducting the degree of disability existing at the time of entrance into service. The veteran's claim for increased rating for conjunctivitis was also granted.

The Board denied the appellant's claim for basic eligibility for VA death benefits as new and material evidence had not been received to reopen her previously denied claim.

The Board denied the veteran's claims for service connection for residuals of testicular contusion and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. The evidence did not establish current residuals from the in-service injury.

The Board denied the claim that the veteran's cause of death was related to his service, as there is no evidence linking any of the conditions listed on his death certificate to his military service or herbicide exposure.

The Board has determined that the veteran's postoperative residuals of right medial meniscectomy do not warrant a rating in excess of 20 percent, as there is no evidence of instability or ankylosis. The current 20 percent rating adequately reflects the functional impairment.

The Board dismissed the appellant's appeal for an earlier effective date of March 12, 1980, for the award of DIC benefits as not authorized by law.

The veteran did not have a pending claim for VA benefits at the time of his death, and therefore does not meet the legal criteria for accrued benefits. The appeal is denied.

The Board has remanded the case for clarification of the appellant's income and exclusions from September 2002 to the present, including unreimbursed medical expenses and funeral expenses.

The Board denied service connection for a chronic skin disorder claimed as the result of Agent Orange exposure and denied an initial disability evaluation in excess of 30 percent for PTSD.

The veteran is seeking an earlier effective date for the grant of service connection for polyarthralgias of multiple joints with a positive rheumatoid factor. The RO has granted this claim but assigned a December 15, 2000 effective date. The veteran appeals this decision and requests an earlier effective date.