Other conditions decisions — 2004

The veteran's unauthorized medical expenses incurred at the Unicoi County Memorial Hospital in September 2002 were denied as she was not service-connected for any condition and a VA facility was feasibly available.

The Board denied the veteran's claims for increased ratings for left eye ptosis and fifth cranial nerve neuritis, finding that compensation benefits are prohibited due to the veteran being a fugitive felon.

The veteran's death was caused by sepsis secondary to cellulitis of the right leg, community-acquired pneumonia, and cardiovascular disease. These conditions are not shown to be related to service.

The veteran's claim for service connection for a right foot ulcer is being remanded due to inadequate notification of the Veterans Claims Assistance Act of 2000 (VCAA) and incomplete medical records.

The veteran's claim for an earlier effective date for service connection and increased evaluation for mycobacterium kansasii was granted.,From September 10, 1999 to October 24, 2002, the veteran received a 30 percent evaluation. After that date, his condition warranted a 100 percent evaluation.

The Board denied the veteran's claim for service connection for bone deterioration, muscle wasting and nerve damage as a result of exposure to ionizing radiation. The VA found that there was no evidence linking these conditions to his in-service exposure.

The veteran seeks service connection for a left lung disorder, including as due to exposure to herbicide agents. The Board has remanded the case for additional development.

The Board found that the veteran's death was not caused by a service-connected disability, nor could it be presumed due to exposure to herbicides. The cause of death listed on his death certificate was metastatic small cell cancer of lung.

The RO denied the appellant's claim for DIC under 38 U.S.C.A. § 1318, finding that the veteran did not meet the statutory duration requirements for a total disability rating at the time of his death and that there was no CUE in the June 1977 rating decision reducing the evaluation for residuals of a pituitary tumor.

The Board has restored service connection for histiocytic type malignant lymphoma, finding that the prior denial was due to clear and unmistakable error.

The Board has remanded the case for further development, including a VA medical examination to determine if the veteran's left eye blindness is related to thrombophlebitis during service.

The RO has denied the appellant's claim for veteran's benefits for dependents and has remanded the case to the RO for scheduling a Board hearing.

The Board dismissed the case due to the appellant's death, and thus has no jurisdiction over the appeal.

The Board of Veterans' Appeals has granted a rating of 100 percent for the veteran's service-connected post-traumatic stress disorder (PTSD), finding that the disability picture more closely approximates the criteria for a 100 percent evaluation under Diagnostic Code 9411. The veteran's PTSD symptoms are productive of significant occupational and social impairment, warranting this highest schedular rating.

The veteran seeks service connection for Charcot-Marie-Tooth disease, which he claims was aggravated by exposure to Agent Orange during his military service in Vietnam. The Board has ordered a remand due to the need for additional development and medical opinion regarding the nature and etiology of the condition.