Other conditions decisions — 2010

The Veteran's degenerative spondylosis did not result in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, and the combined range of motion was not less than 120 degrees. The Board found that these findings did not meet the criteria for an initial evaluation in excess of 10 percent.

The Board has determined that the Veteran's herpes simplex of the left eye had its onset in service and is therefore granted service connection.

The Board denied the claim for nonservice-connected death pension benefits as the Veteran did not serve during a period of war, thus failing to meet the threshold requirement for eligibility.

The Board has determined that the Veteran's bilateral defective hearing is at least as likely as not related to his military service, and thus grants service connection for this condition.

The Veteran's chronic left wrist disability, diagnosed as Kienbocks disease (avascular necrosis of the lunate) and status post left scaphocapitate (intercarpal) fusion arthrodesis, was found to have been aggravated by active service. As a result, the claim for service connection is granted.

The Board has determined that the Veteran's current pulmonary disorder is not related to his service, including asbestos exposure during active duty.

The Board found that the Veteran's noncardiac chest pain could be attributed to an anxiety disorder, a known clinical diagnosis. As such, service connection was denied.

The Board has remanded the case for further development due to incomplete examination reports and lack of rationale in some opinions.

The Veteran's claim for service connection for residuals of a fractured left arm was denied as there is no evidence of current disability or causal link to service.

The Veteran's current medical conditions are attributed to the May 2002 prostatectomy performed by VA, but there is no evidence of carelessness, negligence, or similar fault on the part of VA personnel. The Board finds that the additional disability was not caused by an unforeseeable event.

The Board denied the Veteran's claims for service connection for atrial fibrillation and a pulmonary disability manifested by shortness of breath, finding that there was no evidence linking these conditions to his military service.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from April 23, 2005, to May 3, 2005, at Oneonta Surgical Associates was denied as the claim was not filed within 90 days after discharge.

The Veteran's claim for a higher rating for his service-connected amputation of the index and middle fingers of the right hand is denied as the maximum allowable rating under VA regulations has already been assigned.

The Veteran's application for VA educational assistance benefits under Chapter 30 (Montgomery GI Bill) or Chapter 34 (Vietnam Era GI Bill) was denied as he did not meet the eligibility requirements, including having served after June 30, 1985 and meeting other specific criteria.

The Veteran's mother is denied DIC benefits at the rate of a surviving spouse, and his brother is also denied as a dependent for DIC purposes.

The Veteran's diverticulosis and irritable colon syndrome have been rated at the maximum available rating of 10 percent. The right leg sciatica is rated as non-compensable, while erectile dysfunction has also not met a compensable rating.

The Board found that the overpayment of VA benefits due to a change in the Veteran's marital status was properly created, and thus denied the appeal.

The Veteran's skin disorder, diagnosed as actinic keratosis, has been manifest by exfoliation, crusting, hypopigmentation less than 6 square inches, and abnormal texture less than 6 square inches. Treatment consists of cryodestruction therapy and topical ointments. The criteria for a rating in excess of 10 percent are not met.

The Veteran has withdrawn his appeals for increased ratings on the service-connected degenerative joint disease of L5-S1 with circumferential disc bulge at L3-L4 and L5, claustrophobia, and acquired shortening of the left leg.

The Board has remanded the case due to incomplete service treatment records and a need for an examination to determine if the heart murmur noted on enlistment increased in severity during any verified period of active duty or ACDUTRA, and if so, whether such increase was due to natural progress.