Other conditions decisions — 2009

The Veteran's service-connected bilateral hallux valgus and arthritis have been rated at the maximum available ratings, with a temporary total rating granted for convalescence following surgery. The claims for increased ratings are denied.

The Board has remanded the case due to incomplete documentation and the need for further development of evidence.

The Veteran's low back disability was initially rated at 10 percent prior to March 7, 1988. As of that date, the disability is now rated at 20 percent.

The Board found that the loss of the right auricle was not caused by VA's carelessness, negligence, or similar instance of fault. The event (the delay in diagnosis and treatment) was not reasonably foreseeable.

The Board found that the Veteran's death was not caused by, or substantially or materially contributed to, a disability incurred in or aggravated by active service. The cause of death was hypoxia due to pulmonary embolism which was due to deep vein thrombosis.

The Veteran's prostatitis is manifested by urinary frequency and voiding dysfunction, which are contemplated by the rating criteria. The Veteran has not been recently hospitalized for his prostatitis or experienced marked interference with employment. Therefore, a 40 percent disability evaluation for prostatitis is granted.

The Veteran's left hand disability, characterized by chronic extensor tendon tendinitis and arthritis, is currently rated at 10 percent. The current rating does not reflect any more severe impairment than what is already provided.

The Veteran's old fracture of the pelvis does not meet the criteria for a compensable rating, and his left hip disability is not related to service or a service-connected condition. Sterility was also not found to be related to service.

The Veteran's claim for dental treatment purposes is being remanded due to the need for further development, including obtaining medical records and arranging for a VA examination.

The Board has determined that the Veteran's current fatty liver is related to his active military service and grants service connection for this condition.

The Veteran is seeking service connection for bilateral cataracts. The Board has determined that a remand is necessary to obtain additional medical records and to provide the Veteran with appropriate VA examinations to determine whether his current eye disabilities are related to service or secondary to his service-connected diabetes mellitus, type II.

The Board found no evidence of a left hip disorder in service and denied the Veteran's claim for service connection.

The Board has determined that the appellant may be recognized as the Veteran's surviving spouse for VA compensation purposes due to her credible testimony regarding the separation from the Veteran being solely based on his adultery and abusive behavior.

The Board has granted a higher rating of 70% for the Veteran's service-connected residuals of a gunshot wound to the right hand, finding that the evidence shows complete paralysis of the dominant hand.

The Board has determined that the Veteran's unauthorized medical expenses incurred at a non-VA facility were reimbursable as they met the criteria for reimbursement under VA regulations.

The Board has granted the appellant's claim, recognizing her as the surviving spouse of the Veteran for purposes of VA death benefits.

The Veteran's service-connected disability does not meet the criteria for a total disability rating based on individual unemployability due to his other non-service-connected disabilities.

The Board denied the appellant's claim for payment or reimbursement of unauthorized medical expenses incurred on March 1, 2008 due to lack of a medical emergency and because VA facilities were not feasibly available.

The case is being remanded for the VA Medical Center to obtain and associate the appellant's military records, his application for health benefits, and any relevant admission records. Additionally, appropriate VCAA notice must be provided.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling a new VA examination to assess the current severity of the Veteran's service-connected epididymitis.