Other conditions decisions — 2008

The Board found that the veteran's left knee disability, characterized by chondromalacia patellae, did not meet or approximate the criteria for a higher rating in excess of 10 percent. The evidence showed no ankylosis, moderate recurrent subluxation or lateral instability, cartilage dislocation, limitation of flexion to 30 degrees, or limitation of extension to 15 degrees. Therefore, the veteran's initial 10 percent rating for chondromalacia patellae was maintained.

The Board has remanded the veteran's claims for further development and consideration.

The Board has denied the veteran's claim for reimbursement of unauthorized medical expenses due to a lack of evidence from Pikes Peak Cardiology regarding the treatment provided on April 14-15, 2005.

The Board has granted an effective date of October 26, 1987 for the grant of service connection for a schizoaffective disorder. The other issues on appeal are remanded.

The Board found that the veteran's cerebrovascular accident was not caused by or aggravated by his service-connected diabetes mellitus, type II. The Board also determined that he is not in need of regular aid and attendance due to his service-connected disabilities.

The Board denied the veteran's claim for an extraschedular evaluation for his service-connected anhidrosis, finding that the disability picture did not present such an exceptional or unusual case as to render impractical the application of the regular schedular standards.

The Board has determined that there is no evidence of a current disability related to the veteran's claimed lymphangitis and right testicular pain, and thus service connection cannot be established.

The Board found that the veteran's chondromalacia patella, left and right knees are productive of pain and limitation of motion to no less than zero degrees of extension and flexion. The claims for increased ratings were granted with a rating of 10 percent each knee.

The Board has granted an effective date of June 17, 1993 for the veteran's service connection for blindness due to complications of adult inclusion keratoconjunctivitis associated with chronic conjunctivitis. The veteran also attempted to argue clear and unmistakable error in a prior rating decision but his claim was dismissed without prejudice.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the veteran's lipomas are related to military service and presumed exposure to herbicides.

The Board has determined that the veteran does not have residuals of a left rib injury or spinal arthritis related to service. The appeal is dismissed for the matter of service connection for coronary artery disease with hypertension.

The veteran's claim for waiver of the recovery of overpayment of VA nonservice-connected pension benefits in the amount of $2,221.00 was denied as there is no indication of fraud, misrepresentation, or bad faith on his part and recovery would not be against equity and good conscience.

The veteran's claim for service connection for left eye trauma status post cataract removal is being remanded due to the need for additional VA treatment records and a supplemental statement of the case.

The Board found that the veteran's termination of nonservice-connected disability pension benefits due to his status as a fugitive felon was proper, and thus denied the appeal.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for an additional examination and opinion regarding his employability.

The Board found that the veteran's adenocarcinoma of the prostate had improved and no longer met the criteria for a 100% rating, thus reducing it to 20%. The reduction was proper as there was no evidence of active cancer or recurrence.

The Board has remanded the case for further development, including a neurologic examination and consideration of TDIU.

The Board has granted the veteran's claim of service connection for left arm shrapnel wound residuals, finding that his current disability is related to his military service.

The Board has determined that the veteran's left eye disability is not service-connected under the provisions of 38 U.S.C.A. § 1151, and therefore compensation benefits are denied.

The veteran is seeking service connection for a skin condition affecting his feet. The VA has requested additional information and medical examination to determine if the current foot condition represents progression of athlete's foot from service or a new separate condition.