Other conditions decisions — 2010

The Veteran's service-connected bilateral visual field constriction with diplopia of the right eye is rated at 40 percent, which is in line with his current symptoms and examination findings.

The Veteran's claim for service connection for the residuals of a head injury is being remanded due to insufficient medical opinion regarding whether it is at least as likely as not caused by or aggravated by his service-connected neck disability. The case will be returned to the Board after obtaining any outstanding VA treatment records and providing an adequate examination.

The Veteran's appeal is remanded due to the need for issuance of a statement of the case addressing his claim for an initial compensable disability rating for gastroparesis.

The Board has determined that the Veteran's right hip disability is not related to or aggravated by his service-connected disabilities, and thus denied the claim for service connection.

The Board granted service connection for bilateral upper extremity radiculopathy due to the Veteran's service-connected posttraumatic chronic cervical strain. However, since the appeal is being remanded for other reasons outlined above, it is appropriate to also direct that the RO furnish proper notice regarding secondary service connection.

The Board has granted the Veteran's claim for service connection for avascular necrosis, finding that it is secondary to his service-connected PTSD.

The Veteran's right inguinal hernia surgery resulted in nerve entrapment syndrome involving fibers of the right anterior femoral cutaneous nerve, which was not a foreseeable consequence of the VA treatment. The Board found that the additional disability did not result from VA fault.

The Veteran is entitled to restitution for overpayment of pension benefits going back to September 2000, subject to any offsets and adjustments created by countable income after September 2000.

The Board has determined that the termination of the Veteran's disability compensation benefits due to her status as a fugitive felon was not proper, and therefore the overpayment created by this action is invalid.

The Board denied the Veteran's claims for a rating in excess of 10 percent for residuals of left foot metatarsal bones fracture and an extension of a temporary total disability evaluation beyond August 31, 2005 due to lack of severe postoperative residuals.

The Veteran's CMV retinitis is found to be caused by the discontinuation of his antiviral therapy (AZT and DD4) in July or August 1995, which was determined to have been a reasonable medical decision based on the available evidence.,There is insufficient evidence to determine whether the loss of vision of the right eye was caused by negligence or other fault.

The Veteran's claim for service connection for status post meningitis was denied. The claims for increased ratings for psychiatric disorder, uterine fibroids, peptic ulcer disease (PUD), left hand tremors associated with POTS, and right hand tremors associated with POTS were also denied.

The appellant is not recognized as the surviving spouse of the Veteran for VA death benefits, including DIC, death pension, and accrued benefits due to her prior legal marriage.

The Board has determined that the Veteran's gynecological condition, including her status post hysterectomy, is related to her service and grants service connection for this condition.

The Veteran's service-connected lymphedema of the right arm has been rated at 10 percent since June 1, 2004. The evidence shows that her condition is manifested by daily swelling and pain in the right arm with some pitting edema, but does not meet the criteria for a higher rating under Diagnostic Code 7121.

The Board has determined that the appellant's discharge from service is a bar to VA benefits due to his willful and persistent misconduct involving viewing child pornography.

The Veteran's bilateral foot disorder was not incurred in active service, may not be presumed to have been so incurred, and is not proximately due to a service-connected disability. The claims for increased evaluations of his service-connected knee disabilities were denied.

The Veteran's overpayment of $5,526.00 was properly created because he failed to notify VA of his divorce and remarriage within a year as required by law.

The Veteran's right thumb injury is rated at 20 percent, the highest non-compensable rating under Diagnostic Code 5307 for moderately severe impairment of muscle Group VII.

The Board denied the Veteran's claim for service connection for postoperative residuals of left nephrectomy, finding no legal basis to grant such a claim based on his daughter's spina bifida and kidney failure.