Other conditions decisions — 2010

The Veteran's appeal is remanded due to the need for additional development, including a new VA examination of his right hand disability.

The Veteran's claim for a waiver of overpayment was denied due to the lack of timely submission of a request. The Board has ordered that a copy of the October 18, 2004 letter from VA's Debt Management Center informing the Veteran of the amount of his overpayment and his right to request a waiver be obtained.

The Veteran's claim for payment or reimbursement of medical expenses incurred on May 3, 2007 at Florida Hospital Flagler in Palm Coast, Florida was granted as the treatment provided was for a condition that met the criteria for emergency care.

The Board has determined that the Veteran's bilateral knee disability is not related to his military service and therefore denied his claim.

The Board denied the appellant's claim for basic eligibility for VA death benefits as the decedent did not have qualifying military service.

The Veteran's duodenal ulcer is currently manifested by symptoms such as pain, nausea several times per week, diarrhea and bowel movements between 4 to 8 times per day, belching, weakness, excessive gas, night sweats, chills, and periods of incapacitation 4 or more times a year. The Board finds that the Veteran's duodenal ulcer symptoms are continuously moderately severe, warranting a 40 percent rating.

The Board has determined that the appellant's discharge from military service was under conditions other than honorable due to willful and persistent misconduct, specifically multiple instances of unauthorized absence without leave. As a result, his character of discharge is considered a bar to VA compensation and pension benefits.

The Board has decided to remand the case for additional development, including obtaining medical records and Social Security Administration records.

The Veteran is granted a 10 percent rating for his service-connected tonsillectomy residuals, but not more. His gunshot wound residuals are not rated higher.

The Board has determined that the appellant is entitled to a large screen monitor (42 inches) as an aid to overcoming his handicap of blindness.

The Veteran's claim for service connection of a stomach disorder, manifested by nausea, vomiting, and diarrhea, is granted as the evidence supports that this condition relates to a service-connected disorder.

The Veteran's appeal has been dismissed as he requested withdrawal of the appeal.

The Veteran's calluses and clavus of the feet are manifested by pain on palpation, limiting his ability to stand and walk. However, they do not cover more than five percent of his feet, are smaller than six square inches, do not result in an abnormal gait, and are stable. The criteria for a rating in excess of 10 percent have not been met.

The Board denied a compensable disability rating for the Veteran's postoperative ventral hernia, finding that his current condition does not meet the criteria for any higher rating under Diagnostic Code 7339.

The Board has denied the Veteran's claim for an initial rating in excess of 10 percent for residuals of sepsis infection, now characterized as right hip pain.

The Board has granted service connection for aplastic anemia due to exposure to herbicide agents, finding that the evidence supports a link between in-service herbicide exposure and the current diagnosis.

The Board found no evidence of negligence on the part of VA in the Veteran's surgeries, and denied entitlement to benefits under 38 U.S.C.A. § 1151 for a detached retina.

The Veteran's respiratory disorder is found to be incurred in service due to asbestos exposure.

The Board found that the Veteran's service-connected lumbar spine disability did not cause or aggravate his tooth decay and lost teeth, as there was no evidence of a direct connection between his medication use for pain management and his dental issues.

The Board has ordered a remand for the Veteran to undergo an ophthalmologist examination to determine if any current ocular pathology is caused by or aggravated by service-connected glomerulonephritis and Alport's syndrome.