Other conditions decisions — 2010

The Veteran's appeal is being remanded for further development, including obtaining SSA and U.S. Postal Service records.

The Veteran is seeking higher disability ratings for his service-connected right and left patellofemoral pain syndrome. The Board has determined that a VA examination is needed to assess the current severity of these conditions.

The Board has determined that additional development is needed to properly adjudicate the claim, including providing proper VCAA notice and considering all evidence received since the last RO decision.

The Veteran's bilateral knee disabilities, specifically degenerative joint disease, were rated at 10 percent prior to his total knee replacements in November 2006 and August 2007. The decision granted the requested increased ratings for these periods.

The Board has determined that St. Mary's Medical Center did not file a timely notice of disagreement with the May 2004 VAMC decision denying payment for unauthorized medical expenses incurred during treatment of the Veteran at St. Mary's Medical Center from March 29 - April 3, 2004. As such, the appeal is denied.

The Board has reopened the Veteran's claim of service connection for a prostate disorder, to include prostatitis. A VA examination is needed to determine the current nature and etiology of his prostate condition.

The Board dismissed the appeal due to the Veteran's death.

The Board has remanded the case for additional development to determine if the dependent child status of CMJ changed over the course of the appeal, and for what periods she was eligible for the benefit sought. The Veteran is also required to provide detailed financial information (income, expenses, assets, and liabilities) for the past four years, including clarification of any support payments made prior to August 2006.

The Veteran's request for waiver of recovery of an overpayment of pension benefits in the amount of $3,024.00 was not timely and therefore denied.

The Veteran's unauthorized medical expenses incurred on May 23, 2006 at the Munroe Regional Medical Center were denied as they did not meet the criteria for emergency treatment.

The Board has determined that the Veteran's service connection claim for residuals of a bilateral eye disorder is granted as his current complaints and findings are consistent with his in-service diagnosis of uveitis and Epidemic Keratoconjunctivitis (EKC), which resulted in corneal scarring.

The Board has determined that additional development is needed to determine the appellant's toxin exposure history and whether his current conditions are related to military service, including any potential toxins he may have been exposed to during National Guard duty.

The Board finds that the Veteran's current wife, B.J.C., should be recognized as his dependent for VA purposes.

The Veteran's in-service exposure to Agent Orange is found to have contributed substantially and materially to his death from head and neck cancer.

The Veteran's service-connected atrial fibrillation, with mild mitral valve prolapse and regurgitation, is currently rated at 10 percent. The Board found that the evidence did not support a higher rating due to only one documented episode of atrial fibrillation or other supraventricular tachycardia during the appeal period.

The Veteran's claims for service connection for nail fungus and skin disability were reopened, but the evidence did not establish that these conditions were incurred in or aggravated by active service. The Board denied entitlement to a TDIU due to service-connected disabilities.

The Veteran's spouse is seeking ARH gratuitous insurance for the cause of his death, which may be related to Agent Orange exposure. The claim will be remanded due to an inextricably intertwined issue regarding service connection for cancer.

The Board found that the Veteran's hernia disorder did not manifest in service or is etiologically related to his active service. As a result, the claim for service connection was denied.

The Veteran's patellar tendonitis of the left knee is currently manifested by some reduction in range of motion, mild tenderness, small diminution in muscle strength, decreased sensation over a prior incision, and minimal swelling. The current rating adequately compensates the level of disability.

The Veteran does not have qualifying service to be eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.