Other conditions decisions — 2011

The Veteran's service connection claim for residuals of a right hand injury is denied as there is no evidence of chronic disability or continuity of symptoms since service. The issue of an evaluation in excess of 40 percent for thoracic strain, mild thoracic spondylosis at T3-T12, and lumbar laminectomy with residual scar, right L4 radiculopathy, and left S1 radiculopathy is withdrawn by the Veteran.

The Board has remanded the case for further development due to insufficient evidence regarding the Veteran's left foot disorder, including a lack of review of service treatment records and an inadequate VA examination.

The Board finds that the Veteran's tachycardia is not related to service or any service-connected condition, and thus denies service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and dependent treatment records from the NPRC. A VA examination will be scheduled to determine if any disability manifested by blood clotting, to include pulmonary emboli and deep vein thrombosis of the left lower extremity, is related to her active duty service.

The Board has determined that further examination and development are needed to properly adjudicate the Veteran's claim for service connection for a chronic left leg condition, including as secondary to his service-connected mechanical low back pain with coccydynia and/or left hip bursitis.

The Veteran's L5-S1 herniation of nucleus pulposus, postoperative, is currently rated at 10 percent and the Board finds that a higher rating is not warranted based on current symptomatology.

The Board found that the Veteran's squamous cell carcinoma of the base of the tongue was not incurred in or aggravated by active military service, nor may it be presumed to have been so incurred.

The Board has dismissed the appeal due to the appellant withdrawing her claim for dependency and indemnity compensation pursuant to 38 U.S.C.A. § 1318.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for a post-surgical incision site infection resulting from a December 2004 lumbar spine surgery performed at VAMC New Orleans. The VA has not provided an explicit opinion regarding whether the proximate cause of the infection was fault on the part of VA in furnishing the surgical treatment or an event not reasonably foreseeable.

The Veteran's service connection claims for left and right hand arthritis, acquired deviated nasal septum, sinusitis, allergic rhinitis, gastroesophageal reflux disease (GERD) with peptic ulcer disease (PUD), right knee patellofemoral syndrome, degenerative changes of the left knee status post anterior cruciate ligament surgery, major depressive disorder and mood disorder have been granted. The Veteran's service connection claim for migraines has also been granted. An initial evaluation of 30 percent disabling for right shoulder impingement syndrome since September 1, 2007, has also been granted.

The Board has determined that a VA neurological examination and etiological opinion is needed to fairly decide the merits of the Veteran's claim for service connection for right hand numbness, tingling, and weakness.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim for service connection for an acquired psychiatric disability, claimed as paranoia. The RO previously denied this claim in January 1963 due to a finding of a pre-existing personality disorder that was not aggravated by service.

The Veteran's treatment at the University of Virginia from September 30, 2004 to October 19, 2004 was considered emergency care due to his condition and inability to be safely transferred to a VA facility. The claim for reimbursement is granted.

The Veteran was granted a 10-year extension of educational benefits under the Reserve Educational Assistance Program (REAP) due to his efforts in completing his service obligation, despite not having completed his contract by the date he transferred to the Inactive Ready Reserve.

The Veteran's appeals for higher ratings for chronic cervical strain with degenerative disc disease and left carpal tunnel syndrome were denied. The overpayment of additional disability compensation for dependents' school attendance was also addressed, but the Veteran withdrew his appeal on these issues prior to a decision.

The Veteran's claim for service connection for conjunctivitis of the right eye, which is secondary to his service-connected pterygium of the right eye, has been remanded due to additional evidence received after a previous denial.

The Board has determined that the higher aid and attendance level for pension is payable from December 29, 2008.

The Board found that the Veteran's multi-organ dysfunction, ischemic disease, and hypotension did not have their onset in service or were related to any in-service disease or injury. The Board also determined that his service-connected PTSD with dyspepsia was less likely than not a factor in his death.

The Board finds that the Veteran's left foot disability is the result of VA treatment due to an incident of fault on the part of VA, and grants compensation under 38 U.S.C.A. § 1151 for this condition.

The Veteran's left hand disability, including arthritis and ankylosis following a thumb fracture in service, is rated at 60 percent due to functional loss of use.