Other conditions decisions — 2011

The Veteran's death was likely caused by a pulmonary embolism due to his service-connected residuals of cold injury to the lower extremities. The Board granted service connection for the cause of the Veteran's death and awarded burial benefits.

The Veteran's residuals of left and right elbow sprains have been rated at 10% since March 4, 2009. The VA examinations did not show any significant impairment in range of motion or other functional limitations that would warrant a higher rating.

The Veteran's appeal for a certificate of eligibility for assistance in acquiring specially adapted housing or for a grant for necessary special home adaptations is denied. The claim that A. M., the Veteran's minor child, should be recognized as his dependent is also denied.

The Board has determined that additional development is needed to confirm the Veteran's exposure to ionizing radiation during service and to determine if his multiple myeloma is related to such exposure. The case will be returned to the Board for further action.

The Veteran's appeal for nonservice-connected pension benefits has been dismissed due to the death of the appellant.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital was denied because the claim was not filed within the required 90-day period after the treatment.

The Veteran's lung disability, diagnosed as a chronic cough during service and not related to any known clinical diagnosis, is granted. The Veteran's hepatic fatty degeneration is rated at 10% and no higher.

The Board has remanded the case due to a hearing issue and will schedule a videoconference hearing for the Veteran at the Denver Regional Office.

The Board has remanded the case due to conflicting medical evidence on whether the Veteran's current neurological disability is related to in-service exposure to toxins. The claim will be further developed and adjudicated.

The Board has denied the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a gastric perforation and splenectomy associated with surgery for triple coronary artery bypass grafting performed at the Memphis, Tennessee VAMC from June 6 - 8, 2003.

The Veteran's service-connected residuals of paratyphoid fever due to Salmonella paratyphi B are granted. The initial compensable evaluation for bilateral hearing loss is denied, and a higher rating is not warranted from July 21, 2010 onwards. TDIU consideration under 38 C.F.R. § 4.16(b) is remanded.

The Veteran's claim for a separate disability evaluation of 10 percent for scarring of the left groin prior to January 10, 2003 was granted. The claim for a disability evaluation in excess of 10 percent for the residuals of a left inguinal herniorrhaphy with scarring as of March 1, 2003 was denied.

The Board has ordered the case to be remanded for additional development regarding the creation of an overpayment of VA nonservice-connected pension benefits and the Veteran's entitlement to a waiver of recovery.

The Board has determined that the appellant's claim for an effective date earlier than August 13, 2005 for bilateral cataracts is granted, with December 1, 1970 as the earliest date of claim.

The Board has remanded the case for further development, including an examination to determine if a respiratory disorder and hiatal hernia are related to post polio syndrome.

The Veteran's alcoholism is currently rated at 50 percent disabling, and the Board finds that he does not meet the criteria for a higher rating. The evidence shows symptoms consistent with a 50% disability rating but no additional factors warranting a higher rating.

The Veteran's initial compensable disability rating for erectile dysfunction (ED) was denied, but he was granted SMC based on loss of use of a creative organ.

The Veteran is entitled to compensation under 38 U.S.C.A. § 1151 for 50 percent anesthesia of the right mental nerve, following VA mandibular orthognathic surgery.

The Board has remanded the case due to issues related to the creation of an overpayment and the validity of the debt, as well as the need for further development regarding mitigating circumstances.

The Veteran's hysterectomy due to fibroids and cysts is not service connected, as her gynecological issues were not shown to be related to her military service. The temporary total disability evaluation for surgery in February 2007 was also denied.