Other conditions decisions — 2010

The Board has determined that the Veteran's bilateral leg and foot pain is not related to her service-connected low back disability, and thus denied both claims.

The Veteran's genitourinary disorder is not considered to be due to VA treatment, and the Board finds that the preponderance of evidence does not support a grant of compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case due to the need for a supplemental opinion regarding whether the avascular necrosis of the hips was caused or aggravated by VA treatment using prednisone, and whether this treatment was reasonably foreseeable.

The Board found that the Veteran's in-service back pain complaints did not result in a chronic disability, and there was insufficient evidence to establish a nexus between his current thoracic spine disability and service. The claim for service connection is denied.

The Board has determined that the March 1976 rating decision denying service connection for an inguinal hernia was clearly and unmistakably erroneous, as there is evidence showing a left inguinal hernia existed at separation from active duty.

The Board finds that the Veteran's left leg and bilateral hip disabilities are secondary to his service-connected low back disability, including a L-2 fracture. The evidence is at least in equipoise regarding this claim.

The Veteran's right knee disability, including the fracture of the proximal tibia and associated ligament damage, is already rated at its maximum allowable under VA rating criteria. No higher rating can be assigned as there are no additional conditions or diagnostic codes that would warrant a higher evaluation.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and likely etiology of his lung condition.

The Veteran's service-connected athlete's feet does not meet the criteria for a compensable initial rating.

The Veteran's postphlebitic syndrome with deep vein thrombosis is currently rated at 40 percent, and the Board finds no basis to grant a higher rating.

The Board found the Veteran's April 2004 waiver request for a $15,316.54 overpayment of pension benefits was timely and denied the claim due to fault on the part of the Veteran in failing to report changes in his income from Social Security Administration (SSA) benefits.

The Veteran's duodenal ulcer is currently evaluated as 10 percent disabling. The Board finds that the evidence does not warrant a higher rating due to the intermittent mild symptoms and lack of significant functional impairment.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing at the RO in Los Angeles, California.

The Veteran claims compensation under the provisions of 38 U.S.C.A. § 1151 for gastritis resulting from a hiatal hernia surgery performed in May 1994. The Board finds that additional development is needed before it can adjudicate this claim.

The Board finds that the Veteran does not have a disability manifested by fainting spells that is related to military service. The Veteran also does not have a dental disability that is related to military service.

The Veteran's appeals for service connection and disability ratings have been dismissed due to his death.

The Veteran's service-connected lipoma midline back, status post removal, with residual scar is not characterized by a deep or nonlinear scar exceeding 12 square inches, unstable, painful on examination, or causing compensable limitation of motion. Therefore, the claim for an increased rating is denied.

The Veteran's medical expenses were reimbursed as they were incurred for a service-connected disability, in a medical emergency, and VA facilities were not feasibly available or would have been refused.

The Veteran's claim for an annual clothing allowance is being remanded due to the need for a medical opinion regarding whether his knee orthotic tends to wear or tear his clothing. The issue has not been decided on its merits yet.

The Veteran's unauthorized medical expenses incurred for ambulance services on June 11, 2005 were denied because the care was not authorized in advance and he had other health coverage (Medicare).