Other conditions decisions — 2010

The Veteran's service-connected status post osteotomy of the left and right little toes have been rated at 10 percent each, effective from the date of initial grant. The Veteran does not meet criteria for a higher rating under any applicable diagnostic codes.

The Veteran's duodenal ulcer is rated at 40 percent, the highest schedular rating available. The symptoms are moderately severe with pain only partially relieved by standard ulcer therapy.

The Veteran is currently receiving service-connected compensation benefits. The appellant contends that there should be an apportionment of these benefits on her behalf because the Veteran has still been receiving compensation for their minor child as a dependent even though they have been legally separated since December 2006, and divorced since September 2009.

The Board has determined that the Veteran's right inguinal hernia, which manifested during active duty service and was repaired post-service, is a result of his military service. The Board found no clear and unmistakable evidence to rebut the presumption of soundness at entry into service and concluded that the pre-existing condition did not worsen as a result of service.

The Veteran's appeal is remanded due to the need for additional medical examination and records, including SSA disability determination and neuropsychological testing results.

The Veteran's claim for a rating in excess of 10 percent for sebaceous cysts, claimed as cysts all over the body, is being remanded due to inadequate examination and outstanding records.

The Veteran's application for enrollment in the VA healthcare system was denied because he did not file his application by January 17, 2003 and is assigned to Priority Group 8, which makes him ineligible for enrollment.

The Board found that the Veteran's acute myeloid leukemia was not caused or aggravated by his service, and denied the claim.

The Veteran's appeal is remanded due to the need for additional VA medical records and a current VA examination of his PTSD.

The Board has granted a waiver of recovery for an overpayment of nonservice-connected disability pension benefits in the amount of $4,808. The decision concludes that recovery would be against equity and good conscience.

The Veteran's sebaceous cysts affect less than 5 percent of his entire body and less than 5 percent of exposed surfaces, resulting in no characteristics of disfigurement of the head, face or neck. The Board finds that a compensable rating is not warranted.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for nerve injury to his right leg resulting from a VA surgical treatment in June 2007. The case has been remanded due to insufficient evidence regarding whether the nerve injury was caused by the surgery or if it is an unforeseeable result.

The Veteran's appeal for service connection for defective hearing in the left ear was dismissed due to his death.

The Board has remanded the case due to inadequate records from the Surgeon General's Office and insufficient medical opinions. The Veteran's service connection claim for the cause of death is on appeal.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Saratoga Hospital on June 24, 2006 was denied as the services were not authorized in advance and there was no emergency condition.

The Veteran's claims for service connection for cancer of the larynx and periodontal disease are being remanded due to a request for a videoconference hearing.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging a respiratory evaluation to determine the extent of his service-connected right lung middle lobectomy.

The Board has remanded the case for additional development, including a VA examination to determine if any current cardiovascular disorder is related to the Veteran's period of active service.

The Board has ordered a remand to assess the impact of all service-connected disabilities on the Veteran's employability, as TDIU is based on the combined effect of multiple conditions.

The VA Board of Veterans' Appeals found that the Veteran's current actinic keratosis is not related to service or exposure to sun in service, and therefore denied his claim for service connection.