Other conditions decisions — 2010

The Veteran's service-connected avulsion of the right nasi ala results in nasal congestion obstructing 75 percent of his nasal passage, warranting a 10% disability rating.

The Board has granted service connection for porphyria cutanea tarda, finding that the Veteran's current diagnosis is linked to his exposure to Agent Orange during active military service.

The Board has determined that the Veteran's bilateral foot disorder and larynx cancer were not incurred or aggravated by service, and may not be presumed to have been so incurred.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claims for service connection for a left leg disorder, fungus of the feet, anxiety with depression, back disorder, PTSD, seizure disorder, left ankle disorder, neck and shoulder disorder, removal of gall bladder, and bilateral knee disorder. The RO's decisions are final based on the evidence then of record.

The Veteran's skin disorder, specifically sebaceous cysts, has been rated at 10 percent since April 9, 2003. The reduction from 30 percent to 10 percent effective July 1, 2006 was proper as the condition did not meet the criteria for a higher rating due to lack of systemic therapy and improvement in symptoms.

The Board has granted an apportionment of 20 percent of the Veteran's VA benefit award to his dependent spouse, which is $250.00 per month.

The Veteran's claim for service connection for myopia with presbyopia of the eyes, claimed as defective vision, was denied. The Board found that there is no evidence of a current eye disability other than refractive error and concluded that the preponderance of the evidence is against his claim.

The Veteran's appeal is being remanded to obtain additional medical records and conduct a VA examination to determine the current severity of his service-connected duodenal ulcer with small bowel resection.

The Veteran's appeal has been withdrawn and the case is dismissed.

The Veteran's appeal for service connection for dental treatment purposes for teeth 4, 11, and 32 has been dismissed due to the death of the Veteran.

The Veteran's daughter, the appellant, is not eligible for an extension of her delimiting date for Dependents' Educational Assistance (DEA) benefits beyond January 2007 due to the legal criteria governing the payment of education benefits.

The Board has determined that the Veteran was a fugitive felon and therefore, his overpayment of $67,678.94 is valid. The appeal for waiver of recovery of this overpayment is denied.

The Veteran's unauthorized medical expenses from November 2, 2005 to November 7, 2005 are approved as the nearest VA facility did not have available rooms for transfer after he was stabilized.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from February 1, 2006 to March 9, 2006 is being remanded due to the need for additional development regarding the availability and feasibility of VA facilities during his hospitalization.

The Board dismissed the appeal due to the death of the appellant.

The Veteran's appeal was dismissed due to his death.

The Veteran's claim for an increased evaluation for his service-connected left knee disability was granted, and he is currently assigned a 10 percent rating. The claim for service connection for arthritis of the hands and fingers was denied. The Veteran's separate evaluation for instability of the left knee associated with his service-connected residuals, fracture mid-shaft left femur with traumatic arthritis, left knee, was restored to 10 percent effective September 23, 2002.

The Veteran's claim for special monthly compensation (SMC) based on the loss of use of a creative organ is being remanded due to inadequate medical examination. The case will be reviewed again with consideration of whether one or both testicles are producing spermatozoa, and if biopsy is recommended.

The Board denied the appellant's status as the surviving spouse of the Veteran, which is required for VA death benefits and service connection for the cause of the Veteran's death.

The Board has reopened the Veteran's claim for service connection for discoid lupus erythematosus but denied it on its merits. The case is now remanded to obtain additional medical records and provide a new VA examination.