Other conditions decisions — 2008

The Board has granted a 10 percent evaluation for the veteran's nasopharyngitis, which is characterized by one or two incapacitating episodes per year requiring prolonged antibiotic treatment. The rating for residuals of rheumatic fever remains at noncompensable (0 percent) as there is no evidence of valvular disease.

The veteran's appeal has been dismissed due to his death.

The Board has remanded the case due to inadequate basis for determining whether the veteran's atrial fibrillation is related to his service-connected diabetes mellitus. A new VA examination focusing on the relationship between the veteran's current conditions of diabetes and atrial fibrillation is needed.

The veteran's unauthorized medical expenses incurred on December 9, 2004 for chest and abdominal pain were not reimbursable because the emergency was classified as 'urgent' rather than a true medical emergency. VA facilities were available and feasible.

The Board has determined that the veteran's right knee disability warrants a 10 percent rating, as his condition does not meet or approximate the criteria for higher ratings due to limitation of motion and pain. The current 10 percent rating is considered the highest available under applicable diagnostic codes.

The Board denied the veteran's claims for service connection for a skin rash claimed as secondary to Agent Orange exposure and for increased evaluations for his gunshot wound residuals, finding no evidence of a chronic dermatological condition or scar resulting from military service.

The Board denied service connection for cataracts of the right eye, left eye retina injury, and left eye cornea injury due to lack of evidence supporting a direct relationship with service. The veteran's cataracts are attributed to his smoking and diabetes.

The Board has determined that the appellant's other than honorable discharge due to willful and persistent misconduct is a bar to VA compensation benefits, except for health care benefits.

The Board has determined that the veteran's claimed left foot disorder, including gout and arthritis, was not incurred in service and may not be presumed. Similarly, arthritis of multiple joints was also not incurred in service and may not be presumed.

The Board has granted initial ratings of 10 percent for patellofemoral syndrome with degenerative joint disease and Osgood-Schlatter's disease in both the right and left knees, effective from the date of the June 1994 rating decision.

The veteran withdrew his appeal for a further waiver of recovery of an overpayment of VA educational assistance under Chapter 30, Title 38, United States Code (Montgomery GI Bill).

The veteran's service-connected bilateral osteitis pubis is currently rated at 10 percent, and the Board finds that a higher evaluation is not warranted.

The Board found that the veteran's pre-existing gunshot wound to the chest and arm did not increase in severity during service, and thus denied his claim for service connection.

The Board has remanded the case for additional development, including a medical examination to determine if VA's care or treatment was at fault in causing the veteran's left eye disorder.

The VA denied a rating in excess of 20 percent for postoperative residuals of acromioclavicular separation of the right shoulder, as the veteran's current range of motion is within the criteria for a 20 percent rating.

The Board has determined that the veteran does not have a chronic disorder manifested by blurred vision that was caused by a disease or injury incurred in and/or aggravated by active service. The preponderance of evidence is against the claim.

The Board denied service connection for a left eye disorder and tinnitus, finding that the pre-existing left eye amblyopia did not increase in severity during service and was not otherwise related to any incident of service. The veteran's current bilateral cataracts are not of service origin.

The Board has granted a rating of 20 percent for residuals of post-operative right hernia repair, effective from March 26, 2001. The veteran's service-connected right and left inguinal hernias have necessitated multiple surgical repairs, resulting in significant industrial impairment.

The Board denied the veteran's claim for service connection for bursitis of the left hip in November 1983, and new evidence received since then does not relate to an unestablished fact necessary to substantiate the claim.

The Board has decided to remand the case for additional development, including obtaining medical records and providing VCAA notice.