Other conditions decisions — 2010

The Board has remanded the case for additional development due to the need for a VA examination and review of pertinent treatment records.

The Veteran's claims for reimbursement of unauthorized medical expenses incurred from March 4, 2008 to March 10, 2008 and September 11, 2008 to September 13, 2008 were denied as the services were not authorized by VA.,The Veteran was hospitalized for gastritis and alcohol dependence. The Board found that he was stable enough to be discharged or transferred to a VA facility beginning on March 4, 2008.

The Board has determined that the Veteran does not have a current right elbow disability and therefore, service connection for a right elbow disorder is denied.

The Veteran's neurological impairment of the left leg and foot is found to be secondary to his service-connected low back disability.

The Veteran's claims for earlier effective dates are mixed as some issues have been granted while others remain pending. The specific conditions at issue include residuals of injury, status-post total hip replacement, pelvic asymmetry with a mechanical short left leg, and eligibility for DEA benefits and SMC based on loss of use of the right lower extremity.

The Board found that the Veteran's pre-existing back defect was not aggravated by service and denied his claim for service connection.

The Veteran's schizoaffective disorder was determined to have been incurred in service, and the Board granted service connection based on this determination.

The Board has denied the Veteran's claim of entitlement to service connection for a left eye disorder, including as secondary to service-connected right eye disorder.

The Veteran's contracture and flexion deformity of the left 4th and 5th fingers was incurred during active military service.

The Veteran's cold injury residuals of the right and left feet have been granted an increased rating to 30 percent each, effective October 7, 2004.

The Board has granted the Veteran's claim for service connection for a radicular nerve disability, finding that it is secondary to his service-connected cervical spondylosis and thoracic herniated disc disease.

The Veteran's daughter is not entitled to accrued benefits as she was over the age of 23 at his death and did not qualify as a child for purposes of receiving such benefits. The Board also denied any additional payment due to the appellant, as there were no other burial expenses or last sickness expenses that she had borne.

The Board found that the overpayment of nonservice-connected pension benefits in the original amount of $22,814.00 was validly created due to the Veteran's failure to report his wife's Social Security Administration income for the period from March 2005. The Board also found that waiver of recovery of this overpayment is not warranted due to the Veteran's bad faith in failing to accurately report his family income and marital status.

The Veteran's claims for service connection for left testicle removal and reopening the claim were denied. The Veteran also did not meet the criteria for SMC based on anatomical loss, and his chronic conjunctivitis was found to be at its current level of severity.,The Veteran's service-connected chronic conjunctivitis is currently rated as 10 percent disabling.

The Veteran's hair loss is not considered to be related to her service-connected hysterectomy, and the claim for an initial evaluation greater than 10 percent for right wrist tendonitis with carpal tunnel syndrome and ganglion cyst was denied.

The Veteran's claim for service connection for residuals of a left hip fracture with a Richard screw is being remanded due to the inadequacy of the VA examiner's report and the need for further evidence.

The Board found that the Veteran's lung cancer was not caused by service-connected conditions, and there is no evidence of asbestos exposure during service. The Board determined that the cause of death (small cell lung carcinoma) did not stem from a service-connected disability.

The Veteran's claim for service connection for missing teeth due to dental trauma in service is denied as there is no evidence of such trauma or current disability involving the jaw or teeth.

The Veteran's post-surgery residuals have been rated at 10 percent since the initial grant of service connection in May 1996. The Board found that his symptoms did not warrant a higher rating.

The Board found that the Veteran's current bilateral vision impairment was not caused or aggravated by an in-service mortar-fire injury and denied his claim for service connection.