Other conditions decisions — 2010

The Board has remanded the case due to inconsistencies in the medical records and requests a VA examination to determine if the Veteran has chronic pancreatitis or any other condition that may be related to service. The examiner is asked to provide an opinion on whether the current pancreatitis first manifested during service or is related to service.

The Veteran's appeal for service connection for gastrointestinal disability was dismissed due to his withdrawal of the appeal. The case is now remanded for further development regarding the rating for headaches.

The Board denied service connection for venous insufficiency of the right and left lower extremities as secondary to service-connected diabetes mellitus due to a VHA opinion concluding that diabetes is not thought to be a cause of venous insufficiency.

The Veteran's service-connected chronic pulmonary disability has been evaluated at a 10 percent rating since the May 2006 rating decision. The VA examinations conducted did not include a DLCO (SB) test, which was noted as sufficient by the examiner to evaluate the Veteran's condition.

The Veteran's claim for an initial compensable rating for service-connected residuals of left inguinal hernia repair is being remanded due to the need for additional VA examination and treatment records.

The Board found that new and material evidence had not been submitted to reopen the Veteran's claim of service connection for residuals of a fracture of the left distal fibula, as the evidence did not show a current disability or indicate aggravation beyond its natural progression during military service.

The Board found that the Veteran's countable income exceeded the maximum allowable pension rate as of November 1, 2006, and thus terminated his nonservice-connected improved disability pension benefits effective that date.

The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's death and will adjudicate the claim once additional records are obtained.

The Board has remanded the case for additional development due to insufficient medical opinion and review of the claims file.

The Veteran seeks reimbursement for unauthorized private medical expenses incurred on March 3, 2004. The case is being remanded to determine if the VA facilities were reasonably available and if the condition was considered a medical emergency.

The Veteran's service-connected right foot disability, including the residuals of a fracture and arthritis, is currently productive of a severe foot injury picture warranting an initial evaluation of 20 percent.

The Veteran's overpayment of VA compensation benefits was denied as the fault lies primarily with him for not reporting his incarcerated and divorced status in a timely manner.

The Veteran's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code beyond October 20, 2007 was denied as he did not return to the Selected Reserve within a year of his separation and thus his eligibility period ended on October 20, 2007.

The Veteran's combined disability rating of 60 percent due to enucleation of the right eye and dysthymic disorder is sufficient to meet the criteria for a TDIU, as his service-connected conditions render him unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's death was caused by his in-service exposure to Agent Orange, and thus service connection for the cause of death is granted. The claim for Dependents' Educational Assistance (DEA) benefits is also granted.

The Board has denied the Veteran's claims for service connection for a bilateral foot disorder and a stomach disorder, finding that there is no evidence linking these conditions to his military service.

The Veteran's appeal is being remanded for additional development of her service connection claims, including obtaining private medical records and VA treatment records.

The Veteran's disability rating for duodenal ulcer was reduced from 60 percent to 20 percent effective April 1, 2007. The Veteran disagrees with this reduction and is appealing the decision.

The Veteran's claim for an earlier effective date for the award of service connection and compensation for organic brain syndrome with alcohol dependence is denied. The earliest possible effective date is March 27, 1990.

The Veteran's surgery for bunions and toe deformities did not result in additional disability, as the current manifestations of pain and deformity are considered a normal sequela of the original surgery.