Other conditions decisions — 2009

The Veteran's urinary incontinence and placement of an artificial urinary sphincter were not caused by VA negligence or carelessness, but rather resulted from the natural progression of his pre-existing condition.

The Veteran's service-connected fragment wound to the right arm was rated at 20 percent prior to December 7, 2005 and is now rated at 30 percent since that date. A separate 10 percent rating for a scar of the right arm is also granted.

The VA determined that the Veteran's claimed heart condition is not related to his active duty service and denied his claim for service connection.

The Veteran is seeking to reopen his claim for service connection of a bilateral foot callus condition. The Board will review the case and determine if new and material evidence has been submitted, which could potentially grant him service connection.

The Veteran's neurological pathology of the left hand, thumb, and palmer aspect of the ring and little fingers (including cubital tunnel syndrome) is found to have its onset during active service. Service connection for this condition is granted.

The Veteran's claim for an increased rating for his service-connected postoperative medial meniscus tear, right knee, with traumatic arthritis was denied. The Board found that the criteria for a higher evaluation were not met and concluded that a separate and additional rating for instability of the right knee is not warranted.

The Board has determined that the Veteran's polycythemia vera with essential thrombocytosis and polyarthralgia is service-connected, as it was present during his period of active duty.

The Board denied the Veteran's request for waiver of overpayment of disability compensation benefits, finding that recovery would not be against equity and good conscience.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's fatigue and joint pain are related to his military service.

The Veteran's separation from service was due to pregnancy and convenience of the government, which does not meet the eligibility requirements for educational assistance under Chapter 30.

The Board denied the Veteran's claim for service connection for fatigue as due to an undiagnosed illness, finding that it was related to his diagnosed non-service-connected heart disease.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's claim for a compensable rating for porphyria cutanea tarda with lichen planus was denied as the condition did not meet the criteria for a compensable rating. The issue of service connection for claudication of the lower extremities with numbness is referred to the RO for further development.

The Veteran's hypertensive retinopathy is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on his current symptoms.

The Board has determined that the debt of $5,430.30 was not properly created due to administrative error and the Veteran's actions or omissions did not create the debt.

The Veteran's claim for reimbursement of $1,175.40 in private insurance premiums paid between May 2003 and December 2003 was denied. However, his claim for reimbursement of $1,198.80 in Supplemental Medical Insurance (Medicare Part B) premiums for calendar year 2004 is granted, and his pension payments are adjusted accordingly.

The Board found that the Veteran does not have a current chronic respiratory disability related to service, specifically gas exposure. Therefore, service connection for breathing problems was denied.

The Board has restored the 50 percent rating for bilateral aphakia, effective from October 1975. The Veteran's combined disability rating now meets the schedular criteria for a TDIU rating due to service-connected disabilities.

The Veteran's medical expenses incurred at a private facility for treatment of recurrent right upper quadrant pain were denied as the services did not meet the criteria for reimbursement under VA regulations.

The Board has decided to remand the case for additional development, including a search for a signed consent form related to the appellant's April 2006 surgery and an opinion regarding whether the appellant was informed of all foreseeable risks.