Other conditions decisions — 2010

The Veteran's service-connected gastrointestinal disability is currently manifested by frequent and severe diarrhea, alternating with constipation, and severe abdominal distress. He is granted a noncompensable evaluation for this condition.

The Veteran's service-connected right and left foot bunions are currently rated at the highest possible scheduler rating of 10 percent. The Board finds that no higher ratings are warranted as there is no evidence of an exceptional or unusual disability picture with related factors such as marked interference with employment or frequent periods of hospitalization.

The Board found that the April 1991 rating decision denying service connection for chronic pelvic pain was not clearly and unmistakably erroneous. The Veteran's claim of entitlement to an earlier effective date for the grant of service connection for status post vaginal hysterectomy with a history of chronic pelvic pain is dismissed as untimely filed.

The Veteran's claim for an earlier effective date for service connection of lung cancer was denied as the earliest date entitlement arose was February 6, 2007, when he was diagnosed with lung cancer.

The Veteran's service-connected uterine fibroids have been rated as 30 percent disabling since May 9, 2008.

The Board found that the Veteran's impotence is related to his service-connected back disability, but did not find a relationship between his bilateral leg disability and his service-connected back disability. The claims are therefore granted for impotence as secondary to the back disability, but denied for the bilateral leg disability.

The Veteran's claim for benefits under 38 U.S.C. § 1151 is being remanded due to outstanding VA records and quality assurance documents, as well as the need for a VA contract-based examination.

The Veteran's service-connected postoperative right inguinal hernioplasty is currently manifested by occasional pain, but there is no hernia present. The Board finds that the criteria for a compensable evaluation have not been met.

The Veteran's claim for educational assistance benefits under the Montgomery GI Bill - Selected Reserve (MGIB-SR) is denied as he did not meet the eligibility criteria.

The Board finds that the Veteran's basal cell carcinoma is proximately due to his service-connected Hodgkin's disease and grants service connection for this condition.

The Board has remanded the earlier effective date claim for further development and consideration. The Veteran's appeal is currently in a pending state.

The Board has remanded the case for further development, including obtaining alternative forms of evidence and scheduling a VA examination to determine if the Veteran's current eye condition is related to his military service.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from January 19 to January 22, 2007. The decision stated that the Veteran did not meet the criteria for reimbursement under VA regulations due to his condition stabilizing on January 18, 2007 and he could have been safely transferred to a VA facility.

The Board found that the private medical care provided by North Brevard County Hospital was for a medical emergency and thus eligible for reimbursement under 38 U.S.C.A. § 1725, as it met the criteria of being in a hospital emergency department or similar facility providing emergency care to the public.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of her service-connected disabilities and their impact on employment.

The Board has determined that the extraction of teeth numbers 17 and 18 caused a fractured jaw and nerve damage, which were not reasonably foreseeable events. The claim for benefits under 38 U.S.C.A. § 1151 is granted.

The Board found that the Veteran's negligent failure to notify VA of his additional income was not an appropriate basis for a bad faith determination, and therefore waived recovery of overpayment of improved pension benefits in the amount of $7,014.

The Veteran's claims for a higher rating for bilateral conjunctivitis and service connection for residuals of left ocular orbital fracture resulting in up-gaze paralysis were denied. The Board found that the evidence did not support granting a higher rating for conjunctivitis or establishing service connection for the claimed conditions.

The Board denied the appellant's claims for service connection for the cause of the Veteran's death and for Dependents' Educational Assistance (DEA) under 38 U.S.C.A. Chapter 35.

The Board has dismissed the appeal due to the appellant's death, as the issue of timely filing a request for a waiver of recovery of an overpayment of death pension benefits is moot.