Other conditions decisions — 2010

The Veteran's claim for an increased rating for his service-connected bilateral loss of vision is denied as the disability does not meet the criteria for a higher rating under VA's schedular guidelines.

The Veteran's neck injury was granted service connection, but the disability is rated at 10 percent and no higher based on current criteria.

The Board denied an extraschedular rating for the veteran's residuals of a right fourth finger fracture, finding that the schedular evaluation adequately contemplates his level of disability and symptomatology. The case was not referred to the Director of Compensation and Pension Service due to lack of evidence supporting employment difficulties or frequent hospitalizations.

The Veteran's service-connected residuals of a fractured left distal fibula are manifested by subjective complaints of pain and ankle dorsiflexion limited to 5 degrees. The Board finds that the criteria for a disability evaluation of 10 percent have been met.

The Board granted service connection for the cause of the Veteran's death due to carcinoma of the pancreas, effective from January 10, 2003, based on new and material evidence submitted by the appellant.

The Veteran's claim for service connection for non-Hodgkin's lymphoma, claimed as secondary to exposure to ionizing radiation, is being remanded due to the need for additional development and evidence.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for left facial nerve palsy resulting from a July 2000 surgery at VA, but the case must be remanded due to inadequate VCAA notification.

The Veteran's right hip disability is currently rated as 10 percent disabling. The Board found that the evidence did not support a higher rating based on limitation of motion or any other applicable diagnostic codes.

The Veteran does not have a current left ear disorder, including a perforated ear drum or otitis media/externa, that can be linked to service. His claims are denied.

The VA Remand and Rating Development Team granted a 60 percent rating for the Veteran's sebaceous cysts (hydradenitis/furunculosis) effective July 12, 2007. They also granted service connection for related disability in each shoulder with a 20 percent rating.

The Veteran's service-connected residuals of a mandible fracture have been rated at 30 percent since January 29, 2010.

The Veteran's claim for service connection for recurrent warts, periungual and lips is granted. The Board finds that the Veteran has a chronic wart disability that had its onset in service and resolves all reasonable doubt in his favor.

The Board has remanded the case due to inadequate notice provided to the appellant regarding her deceased spouse's service-connected conditions and the evidence required for a DIC claim based on those conditions.

The Veteran's death was not due to a service-connected condition, and his death did not meet the criteria for dependency and indemnity compensation under 38 U.S.C.A. § 1310 or § 1318.

The Veteran's service-connected organic brain syndrome is currently rated at 50 percent, and the Board finds that a higher 70 percent rating is warranted based on significant deviations in motor dexterity and divergent reasoning.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on June 10, 2006 and June 11, 2006 was granted. The AOJ found that the emergency treatment ended when the Veteran was transferred to Santa Rosa Memorial Hospital.

The Board found that the Veteran's hypoglossal nerve dysfunction was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care during his February 2006 neck surgery.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for examinations to determine the current severity of his low back disability and whether his stomach disability is related to his service-connected low back disability.

The Board found that the denial of payment for non-VA outpatient dental treatment on November 13, 2006 was proper due to lack of preapproval and not being a medical emergency.

The Veteran's claim for an increased evaluation for post-operative varicose veins, right leg is granted and the current rating of 20 percent is maintained.