Other conditions decisions — 2010

The Board is remanding the case to provide proper notice as required by Kent v. Nicholson, and to allow for further development of the claim.

The Veteran's claim for a 60 percent evaluation for peripheral vascular disease of the right lower extremity is denied as it is not factually ascertainable that an increase in disability occurred within one year prior to May 19, 2006.,The Veteran's claim for a 60 percent evaluation for peripheral vascular disease of the left lower extremity is denied for the same reason.,The Veteran's claim for TDIU is denied as it is not factually ascertainable that he was unemployable due to service-connected disability within one year prior to May 19, 2006.

The Board has granted service connection for tremors, finding that the Veteran's current tremor disorders are related to his military service and/or his service-connected psychiatric disorder.

The Veteran's unauthorized medical expenses for chest pain on June 21, 2007 are now covered by VA due to the nature of his service-connected disability and the emergency circumstances.

The Board found no relationship between the Veteran's right arm and hand condition and his service-connected right shoulder disability, thus denying the claim.

The Board determined that the appellant's deceased husband did not have qualifying service as a Veteran, thus denying her claim for VA death benefits.

The Veteran's claim for an increased rating for osteomyelitis of teeth 23, 24, and 25 was denied as there is no evidence of active infection or other criteria warranting a higher rating.

The Veteran's arteriosclerotic vascular disease with aortic valve replacement is not related to his service, or was caused or aggravated by his service-connected diabetes mellitus.

The Veteran's claim for an increased rating for his service-connected spondylolisthesis at L5-S1 with spondylolysis is being remanded due to the need for referral to the C&P Director for consideration of an extra-schedular evaluation.

The Board found no evidence of a chronic disability causing the loss of feeling in both lower extremities related to service. The Veteran's bilateral pes planus, lumbar strain, and cervical strain disabilities are currently rated as 10 percent disabling.

The Board found that the Veteran's current left leg and knee disability, as a residual of his documented left tibia fracture during service, was incurred during his military service. The decision is in favor of granting service connection.

The Board found that the Veteran was a fugitive felon for VA compensation purposes and compensation benefits were prohibited as a matter of law from April 30, 2004 to June 16, 2005 due to an outstanding fugitive felon warrant. The overpayment of $2,281.83 could not be waived because the Veteran was at fault in creating the debt and recovery would not defeat the purpose of the compensation benefits he received.

The Board found that the Veteran's skin rash was not incurred in or aggravated by his military service and denied both his skin rash and depression/sleep disorder claims.

The Veteran's claim for an increased rating for his right knee disability is being remanded due to the need for a new examination and consideration of the severity of his condition.

The Board has denied the Veteran's claim of service connection for squamous cell carcinoma of the tongue, finding that there is no medical evidence linking the condition to his military service or presumed herbicide exposure.

The Veteran's left leg disability is not deemed to be due to VA carelessness, negligence, or lack of proper skill.

The Board has remanded the case due to the need for additional VCAA notice and further development of the claim.

The Veteran has current residuals of a bilateral toe injury that occurred in active service. The Board finds that these residuals are related to the Veteran's in-service injury and grants service connection for this condition.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for peroneal nerve damage resulting from right knee surgery performed at the Martinsburg VA Medical Center in May 1997. The Board finds that a VA examination is needed to determine if the Veteran's current peroneal nerve damage and right foot drop are related to his surgeries.

The Veteran is seeking service connection for residuals of a head injury and TDIU. The Board has ordered additional development due to the need for an examination, as well as the possible relevance of SSA records.