Other conditions decisions — 2010

The Veteran's claim for payment or reimbursement of emergency treatment provided by the Cushing Regional Hospital on April 9, 2008 is being remanded to the VA Medical Center in Jackson, Mississippi. The case will be readjudicated after obtaining additional records and addressing whether a VA facility was available.

The VA has denied the veteran's claim for an increased disability rating in excess of 40 percent for his service-connected residuals of burns to the thighs, buttocks, perianal and perineum. The evidence does not support a higher rating as there is no indication of widespread or separate scars, nor any limitation of motion due to these conditions.

The Veteran's left foot disability, characterized by degenerative changes of the tarsal articulations and middle metatarsophalangeal joint, is currently rated as 10 percent disabling under Diagnostic Code 5003.

The Board found no clear and unmistakable error in the November 1988 decision that denied restoration of TDIU rating and increased disability evaluation for herniated nucleus pulposus, L4-L5.

The Veteran's appeal is being remanded for additional development of his medical records from Rex Hospital in Raleigh, North Carolina. His claim will be readjudicated after the new information and evidence are considered.

The Board has remanded the case due to inadequate VCAA notice and the appellant's request for a personal hearing.

The Board has determined that the Veteran's ALS, a condition incurred during his active service, was at least contributory to his death from cardiac arrest. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's blindness in the right eye and multiple retinal detachments following cataract surgery by VA were not reasonably foreseeable outcomes, warranting compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for increased ratings for his right knee disability was denied. The Board found that the evidence did not support a higher rating prior to July 15, 2004 and from September 1, 2004.

The Board found that the infertility and sterility were preexisting conditions that did not worsen during service, thus denying service connection.

The Board has determined that the Veteran's current heart arrhythmias and residuals of rheumatic fever are directly related to his service, including a diagnosis of rheumatic fever in service.

The Board has remanded the case for additional development due to the need to obtain Social Security Administration (SSA) records and VA treatment records.

The Veteran's claim for an initial, compensable rating for patellofemoral syndrome of the left knee was denied as there is no evidence of instability or significant limitation in range of motion that would warrant a higher rating.

The Board denied the Veteran's claim for service connection for sleep disturbance, finding that his current diagnosed condition (sleep apnea) is not related to his military service.

The Veteran's neurological manifestation of the right lower extremity is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability.

The Veteran's death was not caused by or a result of any service-connected disability, including presumed exposure to herbicides. The Board found no evidence linking the cause of death (cancer of the epiglottis) to his military service.

The Veteran's initial ratings for right and left hand arthritis, as well as right and left elbow DJD, have been granted. However, the Veteran is seeking an increased rating for Raynaud's syndrome.

The Veteran's claims for increased ratings for residuals of cold weather injuries to both hands and a left foot injury have been granted effective from August 6, 2007.,A disability rating of 20 percent is assigned for each hand with symptoms including arthralgia or other pain, numbness, or cold sensitivity plus hyperhidrosis. The Veteran's left foot injury is rated as moderate.

The Board denied the Veteran's claim for reopening his service connection claim for residuals of a back injury, finding that no new and material evidence had been submitted.

The Veteran's bilateral Haglund deformity has been manifested by no more than moderate tenderness and pain on motion, which does not meet the criteria for a higher rating.