Other conditions decisions — 2009

The Board has determined that the veteran's service-connected cold injury disabilities render him unemployable, as they result in a combined evaluation of 90 percent.

The Board has remanded the case due to a request for records from the VA Hospital in Wichita, Kansas. The appellant will be notified if these records are unavailable.

The Board has remanded the case due to the need for additional VA examination and evaluation of the Veteran's service-connected amyotrophic lateral sclerosis (ALS) with right upper extremity weakness and left upper extremity weakness associated with ALS, as well as his entitlement to special monthly compensation based on aid and attendance and loss of use.

The Board has determined that the Veteran's missing teeth were incurred in active military service and granted service connection for these replaceable missing teeth for accrued benefits purposes.

The appeal has been dismissed due to the Veteran's death.

The Veteran's hydrocephalus and residuals of head trauma are found to have had their onset during service, warranting grants of service connection for these conditions.

The Board denied the Veteran's claims for increased disability ratings for his service-connected degenerative joint disease of the knees and tendonitis of the shoulders, finding that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's left herniorrhapy residuals have been rated at 30 percent since December 3, 2008.

The Veteran's overpayment of VA educational assistance benefits in the amount of $13,771.53 was found to be valid and not due to fraud or misrepresentation.

The Board has determined that the appellant developed atrial fibrillation and syncope as a result of the August 2003 eye surgery, which was not reasonably foreseeable. As such, compensation under 38 U.S.C.A. § 1151 is granted.

The Veteran seeks an earlier effective date for service connection of cold injuries, which was granted with a July 6, 2005 effective date. The RO is instructed to request medical records from VAMC Ann Arbor prior to July 6, 2005 and readjudicate the claim.

The Veteran's claim for an increased rating for service-connected drug induced psychosis was denied as the law prohibits payment of compensation for any disability that is a result of the Veteran's own abuse of alcohol or drugs, which includes his service-connected drug induced psychosis.

The Board found that the Veteran's delay in diagnosis of a psoas abscess and subsequent septic arthritis of the left hip resulted from VA carelessness, negligence, or lack of proper skill. This led to osteomyelitis and anemia, warranting compensation under 38 U.S.C.A. § 1151 for both conditions.

The Board found that the Veteran's current laryngectomy residuals are not proximately due to VA's failure to diagnose and treat his throat cancer in the 1990s. The claim is denied.

The Board has denied the Veteran's claims for service connection for chest pain and insomnia. The Veteran withdrew his appeal for chest pain, leaving only the issue of service connection for insomnia to be decided. The Board found that there was no evidence linking the current insomnia to any in-service symptoms or events.

The Veteran's appeal is remanded for a new VA examination to determine the current severity of his service-connected left inguinal hernia disability, and for readjudication of his claim.

The Veteran's left foot disability, characterized by moderate symptoms, is rated at a 10 percent rating.

The Board has determined that a remand is necessary to obtain updated medical records and to schedule the Veteran for a VA examination to assess the current severity of her service-connected skin disability. The appeal will be returned to the RO for further action.

The Veteran's claim for an initial rating in excess of 60 percent for deep vein thrombosis (DVT) of the right leg remains pending and requires further development, including a VA examination to assess current level of impairment.

The Board found no evidence to support the claim that the Veteran's death was caused by a service-connected condition, and thus denied both the cause of death claim and the accrued benefits claim.