Other conditions decisions — 2011

The Veteran's left eye vision loss, corneal abrasion/dystrophy, and bilateral cataracts are not considered service-connected as they did not manifest during active duty or due to an in-service injury.

The Board has determined that the Veteran's left hip strain was incurred during his period of active service and granted service connection for this condition.

The Veteran's multiple joint pain disability, rated at 40 percent under the direct service connection theory, is manifested by widespread musculoskeletal pain and tender points, fatigue, sleep disturbance, stiffness, and is refractory to therapy. The current rating adequately reflects the severity of his condition.

The Veteran's residual disability affecting the left fifth and right fourth fingers has been manifested by deformity, aching in the end joints of his fingers, joint stiffness, inability to bend the tip of the right small finger, and chronic pain in the finger joints. The Board found that these symptoms do not warrant a rating higher than 10 percent.

The Veteran's service-connected calluses of the bilateral feet do not result in any significant limitation of his functional ability, and therefore a rating in excess of 10 percent is denied.

The Veteran developed impaired vision and tooth loss due to VA medical treatment, which was not a reasonably foreseeable outcome. The Veteran is granted compensation under 38 U.S.C.A. § 1151 for these conditions.,The Veteran's loss of teeth was also due to VA medical treatment, specifically the development of SJS (Stevens-Johnson syndrome), and this was not a reasonably foreseeable outcome. The Veteran is granted compensation under 38 U.S.C.A. § 1151 for his tooth loss.,The Veteran does not have any current skin condition, genitourinary condition, or throat condition that can be attributed to the VA medical treatment resulting in SJS. Therefore, he is denied compensation under 38 U.S.C.A. § 1151 for these conditions.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the issuance of an SOC regarding the issue of entitlement to a TDIU.

The Veteran's skin disability is being remanded for further development, including scheduling a VA examination and obtaining medical records. The claim will be reconsidered after these steps are completed.

The Board has remanded the case for further development, including obtaining medical records and information from SSA. The Veteran died of pancreatic cancer, which is claimed to be related to his herbicide exposure during service.

The Veteran's claim for a higher initial rating for his right knee disability and an effective date prior to August 28, 2006, for service connection were granted. The effective date is set at the date of receipt of the reopened claim.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for residuals of a coccygeal injury. The Veteran's testimony at his August 2010 hearing, combined with medical records indicating chronic coccygeal discomfort, raises a reasonable possibility of substantiating the claim.

The Board has determined that the reduction of the Veteran's disability compensation benefits to a 10% rate was improper due to inadequate notice prior to the decision, and thus restores his original 30% rating.

The Board found that the Veteran's allergic rhinoconjunctivitis had demonstrated actual improvement and granted restoration of a 30 percent rating effective December 1, 2008.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim for service connection for a nerve injury of the left leg, as the evidence does not relate to the fact that the injury was due to willful misconduct.

The Veteran's appeal is being remanded due to his request for a travel board hearing. The case will be returned to the Board after scheduling a personal or video conference hearing.

The Veteran's service-connected lumbar spine disability has not been shown to meet the criteria for a higher rating, as it does not result in actual limitation of motion or function loss due to pain.

The appellant is not the Veteran's surviving spouse for VA death benefit purposes.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at the Hampton Regional Medical Center on November 20, 2008 was denied because the treatment was not rendered in an emergency situation and no VA facility was feasibly available.

The Board denied the Veteran's claims for service connection for benign prostatic hypertrophy and an increased rating for lumbosacral strain, finding no evidence of exposure to herbicides in service and insufficient medical evidence linking current conditions to service.

The Veteran's appeal for a higher rating for lichen simplex on and after 30 August 2002 was denied by the Board.