Other conditions decisions — 2009

The Board has determined that the Veteran's current right ischial pressure ulcer, right lateral thigh tract, and right gluteal abscess are related to negligent treatment in 1983 or 1984, dormant bacteria activation during surgery in December 1997, or other causes. The Veteran's claim for service connection has been reopened.

The Board found that the Veteran's bilateral esotropia preexisted service and was not aggravated by service. The right eye cataract is considered to have onset during active duty, while there is no evidence of a left eye cataract during her periods of active duty.

The Veteran's death was not caused by a service-connected condition, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Veteran's claims for higher ratings for his shell fragment wound disabilities were denied. He was already receiving a separate 10 percent rating for traumatic arthritis of the spine, and he does not have any additional disability involving his left shoulder as a result of his service-connected shell fragment wounds.

The Board has remanded the case due to inadequate notice provided to the appellant, and further development is required before a decision can be made.

The Board found that the overpayment was properly created due to retroactive reduction of disability compensation from a total rate (20%) to the rate of 10%, effective November 17, 2003 through December 27, 2004, due to the Veteran's incarceration on a felony conviction. The Veteran is not entitled to waiver of recovery of the overpayment.

The Board has determined that the appellant forfeited all rights, claims and benefits under laws administered by VA due to her involvement in submitting fraudulent evidence. As a result, she is precluded from establishing service connection for the cause of the Veteran's death.

The Board found no evidence of a chronic skin disorder in service or that the current condition is related to service, including Gulf War service. The Veteran's claim for service connection was denied.

The Veteran's service records show he served in southwest Asia from January 9, 1991 to May 23, 1991. However, there is no current evidence of a diagnosed skin rash or other objective indications of such a condition. The Board therefore denies the claim for service connection based on an undiagnosed illness.

The Board granted a 20 percent disability rating for the Veteran's service-connected right tibia fracture residuals, effective as of May 15, 2008.

The Veteran's service-connected hallux valgus of the left foot, status post bunionectomy is currently rated as 10 percent disabling.,The Veteran's service-connected hallux valgus of the right foot, status post bunionectomy and metatarsal osteotomy, to include metatarsalgia, is currently rated as 10 percent disabling. The Veteran seeks a higher rating for her right foot condition.

The Veteran's appeal is being remanded for additional development due to the need for a VA examination to determine the severity of her service-connected residuals of a right hand soft tissue injury.

The Board has determined that the Veteran does not have a current diagnosis of impairment of the left anterior tibial and extensor hallucis longus, and therefore cannot grant service connection for this condition as secondary to his service-connected status post laminectomy.

The Board denied the Veteran's claim for service connection for bilateral posterior subcapsular cataracts, finding that there was no competent evidence linking his cataracts to his in-service exposure to ionizing radiation. The Director of VA’s Compensation and Pension Service determined that the minimal amount of radiation exposure he experienced would not have likely caused his cataracts.

The Veteran's death was not caused by a service-connected condition, and therefore the claim for service connection for the cause of death is denied.

The Veteran's service-connected bilateral cataract removal with lens implants is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Veteran's appeal is being remanded for further evaluation of his service-connected conditions, specifically the resection of the eleventh rib and disruption of intercostal nerves on the right. The issues include seeking initial compensable evaluations and an increased rating.

The Board has determined that the Veteran's varicose veins of the left lower extremity do not warrant a rating in excess of 20 percent, and his paresthesias of the left lower extremity are not compensable.

The Veteran's claims for increased ratings were denied. The fragmentation wound of the right upper arm and Morton's neuroma with bone spur of the right foot did not warrant higher initial ratings, while diabetes mellitus with erectile dysfunction and hypertension were also denied.

The Veteran's prostatitis with urinary frequency has been rated at 40 percent since July 7, 2008. The issue of TDIU remains on appeal.