Other conditions decisions — 2010

The Board found that the Veteran's occipital neuralgia was not incurred in or aggravated by service and may not be presumed to have been incurred or aggravated therein. There is also no causal connection between the Veteran's occipital neuralgia and his service-connected diabetes mellitus, Type II.

The Board denied an earlier effective date for the grant of nonservice-connected pension benefits, finding that no valid notice of disagreement was filed prior to July 9, 2007.

The Veteran's claim for educational assistance benefits under the Montgomery GI Bill after October 2, 2005 is denied as he was no longer eligible due to a break in service during the reduction period.

The Veteran's claim of entitlement to an initial compensable evaluation for prurigo nodularis has been remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board denied the Veteran's claims for higher disability ratings for bilateral varicose veins and thrombophlebitis of the lower extremities, as well as his claim for TDIU. The decision was based on the evidence of record at that time.

The Veteran's anal fistula is manifested by complaints of drainage occurring once or twice per year; however, objective findings reflect normal sphincter control without fecal leakage, anal fissures, or anal fistulas. The Board finds that the criteria for a compensable rating have not been met.

The Board has determined that a VA examination is necessary to determine whether the Veteran's congenital spina bifida condition was subject to a superimposed injury during his period of service. The case will be remanded for further development and readjudication.

The Board denied the Veteran's claims for reducing his disability compensation rating to a 10 percent due to incarceration and for waiving an overpayment of $74,084.68.

The Veteran's claim for payment/reimbursement of unauthorized medical expenses incurred at St. Tammany Parish Hospital from July 30, 2006 to August 5, 2006 is being remanded due to incomplete records and the need for further VAMC action.

The Veteran's unauthorized medical expenses incurred at W. A. Foote Memorial Hospital were not covered by VA as the treatment was for a non-service-connected condition and he had other health coverage, such as Medicare.

The Board has determined that the Veteran does not have residuals of pneumonia or a current respiratory disorder. The claim for service connection for cardiovascular and genitourinary disorders is denied.

The Board denied the Veteran's claims for service connection for left foot and neck disorders, finding that there was no evidence of a chronic condition in service or within one year thereafter. The Board also found that any current conditions are not related to military service.

The Board denied the Veteran's claims for service connection for left breast gynecomastia and hearing loss, finding that there was no positive association between Agent Orange exposure and gynecomastia. The claim to reopen his previously denied hearing loss claim was also denied.

The Veteran's appeal involves two separate periods of evaluation for his mitral valve replacement residuals. The first issue is whether he should receive a higher disability rating prior to December 11, 2006, and the second is whether he should receive a higher disability rating from December 11, 2006, to August 20, 2009.

The Veteran's thoracic scoliosis is manifested by range of forward flexion exceeding 30 degrees without additional functional impairment, without incapacitating episodes having a total duration of at least 4 weeks during the past 12 months, and without associated neurological impairment. Therefore, his claim for a higher disability rating for thoracic scoliosis is denied.

The Board has remanded the case to allow for a VA examination and further development of the record regarding service connection for systemic lupus erythematosus, including whether her pre-existing condition was aggravated by military service.

The Board has determined that a VA examination is needed to determine if the Veteran's current urological disorder, including urethral stricture disease, had its onset in service or represents a permanent worsening of a preexisting condition during service. The Veteran also needs to be provided with outstanding VA medical records and given an opportunity to report for a scheduled examination.

The Veteran's claim for service connection for a lump in the left breast is denied as there is no evidence of such condition during or after service. The Veteran's claim for an increased evaluation for residuals of removal of a left Gartner's duct cyst is also denied as there is no current disability associated with this condition.

The Veteran's urinary stricture and penis deformity are found to be due to the VA catheterization in 2004, which is considered an event not reasonably foreseeable. Therefore, he is entitled to compensation under 38 U.S.C.A. § 1151.

The Board found that the Veteran's current right middle finger problems are not related to his in-service fracture, but rather to a post-service industrial accident. As such, he does not meet the criteria for a compensable rating.