Other conditions decisions — 2010

The Board has remanded the case for additional development, including obtaining medical records and conducting a VA examination to determine if the Veteran's current neurological or orthopedic disabilities manifested by leg or hip pain began during service or are related to any incident of service.

The Board found that the Veteran's left eye vision loss was not caused by VA carelessness, negligence, or similar fault. The event of a non-feeling eye exposed to dehydration and infection was foreseeable.

The Board denied the Veteran's claim for an effective date prior to June 27, 2005 for the grant of service connection for SP vaginal hysterectomy with bilateral salpingo-oopherectomy. The decision found that no earlier effective date was warranted as there were no claims filed between May 2002 and June 27, 2005.

The Board denied service connection for residuals of a right eye injury and denied entitlement to a rating in excess of 10 percent for a left knee disability. The Veteran's current right eye condition is attributed to an arc-welding burn, not related to his service eye injury.

The Veteran's service-connected right knee disability was denied increased evaluations prior to April 7, 2008 and as of December 1, 2009.

The Veteran's appendectomy residuals are manifested by occasional pain and he is granted a 10 percent initial disability rating.

The Board found that the appellant's discharge from service is a bar to VA benefits due to receiving an undesirable discharge, and thus concluded that he did not have 'good' service. As such, he was not eligible for VA compensation or pension benefits.

The Board has determined that the Veteran's cause of death was not related to a service-connected disability, and thus denied the claim for service connection for the cause of death.

The Veteran's left knee arthritis disability was found to have flexion limited to 120 degrees and full extension to 0 degrees, with no additional limitations due to pain or other orthopedic factors. The criteria for a rating in excess of 10 percent were not met.

The Veteran's appeal is being remanded for further development of the record to determine the current severity of his right and left hip disabilities.

The Board has determined that additional development is necessary before the overpayment of VA death pension benefits can be properly addressed. This includes obtaining a written paid and due audit, copies of notification letters from the VA Debt Management Center, and ensuring all records are associated with the claims file.

The VA denied an increased rating for the Veteran's bilateral defective hearing, which was currently rated at 10 percent. The Board found that the evidence did not warrant a higher evaluation.

The Veteran's claim for payment or reimbursement of private medical expenses incurred at Sutter General Hospital on January 12, 2009 was denied because he did not have any service-connected disabilities and the record did not show that he received VA medical care within 24 months preceding the emergency treatment.

The Board has determined that the appellant does not have qualifying active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore legal entitlement to this benefit is denied.

The Veteran's service-connected deformity of the duodenal cap is rated at 60 percent, which is the highest schedular rating available under Diagnostic Code 7305. A separate 10 percent rating for a painful superficial scar associated with his service-connected disability is also granted.

The Board found that the appellant did not have qualifying service and therefore is not a veteran for purposes of receiving benefits from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found no evidence of hearing impairment within the first post-service year and concluded that the Veteran's current bilateral hearing loss is not related to service, thus denying his claim for service connection.

The Board has ordered additional development to obtain the Veteran's terminal treatment records from Pikes Peake Care Center and to provide a medical opinion regarding service connection for the cause of death. The case is now remanded for these actions.

The Board has determined that the Veteran's arthritis did not have onset during active service or within one year of separation for active service, and is not otherwise etiologically related to his active service. As a result, the claim for service connection for arthritis was denied.