Other conditions decisions — 2009

The Veteran does not suffer any additional disability, including loss of balance, as a result of VA treatment. The Board finds that the criteria for compensation under 38 U.S.C.A. § 1151 have not been met.

The Veteran's appeal is remanded due to the need for additional development, including scheduling a VA examination and obtaining outstanding medical records.

The Board has remanded the case due to a potential issue regarding whether the appellant is a proper claimant. The appeal involves issues related to service connection and income determination for death pension purposes.

The Veteran's claim for a special monthly pension based on the need for aid and attendance of another person or based on housebound status has been remanded due to incomplete consideration of evidence.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a chronic skin disorder, including a rash of the face, neck, and chest. The Veteran's service in Vietnam is presumed to have exposed him to Agent Orange, which may be linked to his current skin condition.

The Veteran's bilateral knee disability is currently evaluated at 10 percent for each knee, and a separate 20 percent evaluation has been granted for instability of the knees. The claim for higher evaluations is denied.

The Veteran's service-connected residuals of laryngeal cancer are currently rated at 30 percent, and the Board denied an initial rating in excess of this. The Veteran also sought a TDIU based on his service-connected disabilities, but the Board found that he is not unemployable due to these disabilities alone.

The Veteran's service-connected varicose veins disabilities do not prevent him from securing and following substantially gainful employment.

The Veteran's prostatitis is not service connected as it did not have its onset during his military service or any period of active duty for training (ACDUTRA).

The Veteran seeks service connection for a chronic respiratory condition, which he claims as double pneumonia and recurrent breathing/sinus problems. The Board has ordered remand to obtain additional medical records and conduct further examination.

The Board found that the Veteran's death was not caused by VA care, and thus compensation benefits under 38 U.S.C.A. § 1151 for the Veteran's death are not warranted.

The Veteran died and his daughter filed a claim for accrued benefits based on unreimbursed medical expenses. However, the Veteran had no pending claims at the time of death and was receiving maximum pension to which he was entitled.

The Board has decided to remand the claim for a sinus disorder due to insufficient medical evidence linking the current condition to service, specifically the pharyngitis treated during service. The Veteran needs to undergo a VA examination and provide sufficient nexus evidence.

The Veteran's service-connected gunshot wound residuals of the left upper extremity are rated at 70 percent, which is the maximum schedular rating. The Board finds that he is entitled to special monthly compensation (SMC) at the 'k' rate for loss of use of one hand due to his disability.

The Veteran's claim for payment or reimbursement of unauthorized medical care provided from November 17 to 19, 2006 was denied as the appellant did not meet the filing requirement under VA regulations.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits, finding that fault was on the part of the Veteran and that recovery would not be against equity and good conscience.

The Board found that the Veteran's current right foot issues are not due to carelessness, negligence, or lack of proper skill on the part of VA. The proximate cause of his additional disability is considered to be an event reasonably foreseeable.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the additional disability, including loss of full use of his hand due to infections, is not considered to be proximately caused by VA treatment.

The Board has granted service connection for left fourth mallet toe deformity with callus, status post distal interphalangeal joint arthroplasty and exosectomy. Service connection was denied for corns on the right foot.

The Veteran's service connection claims for sleep disorder and fatigue disorder are granted as they meet the criteria of a qualifying undiagnosed illness due to his service in the Southwest Asia theater, specifically Gulf War service.