Other conditions decisions — 2005

The veteran's claim for payment of unauthorized medical expenses is being remanded due to the lack of VA records and clinical reports from various physicians. The case will be reviewed again with all pertinent regulations and judicial mandates, and a Supplemental Statement of the Case (SSOC) will be prepared if necessary.

The Board denied the veteran's claim for service connection for obstructive and restrictive pulmonary disease, including a chronic disability manifested by shortness of breath due to an undiagnosed illness. The VA found that there was no evidence linking the current condition to his military service.

The Board denied service connection for sickle cell anemia and the claim to reopen PTSD, hearing loss, tinnitus, glaucoma, flat feet, and back condition claims. The Board also denied service connection for an allergic reaction due to pain pills.

The Board has determined that the veteran's preexisting myasthenia gravis was aggravated during her military service, and thus, she is entitled to service connection for this condition.

The veteran is seeking special monthly pension due to need for aid and attendance or being permanently housebound. The case is remanded as requested records are needed, including eye surgery records and treatment from recent medical providers.

The Board has determined that the veteran's residuals of a laceration of the upper lip do not warrant a rating higher than 10 percent, as they do not meet the criteria for more severe disfigurement or other disabling conditions.

The Board has determined that the veteran's essential tremor of the upper extremities was aggravated during active service and granted service connection for this condition.

The Board denied the veteran's claims of entitlement to increased disability ratings for her service-connected bilateral retinal vasculitis with central scotoma of the right eye and denied her claims of entitlement to service connection for a right foot condition and a left foot condition.

The VA determined that the veteran's status post bowel perforation was not caused by negligence or fault on the part of VA, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that reinstatement of death pension benefits is legally precluded due to the lack of a provision in the law for such reinstatement. The RO was proper in terminating death pension benefits, and it followed the proper procedures.

The veteran's compensation benefits awarded under 38 U.S.C.A. § 1151 are subject to offset in the amount of $1,028,577 against his FTCA settlement award. The eligibility criteria for financial assistance in acquiring an automobile or adaptive equipment have been met.

The Board has determined that the appellant's daughter, FC, was not permanently incapable of self-support prior to reaching the age of 18 years and therefore cannot be recognized as a helpless child.

The Board denied the veteran's claim for service connection for pulmonary fibrosis as a result of asbestos exposure, finding that there was no evidence of current asbestos-related conditions.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for degenerative joint disease of the right knee, as the additional evidence does not bear directly on the issue.

The Board denied service connection for poliomyelitis as the appellant did not serve on active duty and his poliomyelitis is not related to his National Guard service.