Other conditions decisions — 2011

The Board has granted compensation under the provisions of 38 U.S.C.A. � 1151 for post-operative left femoral osteotomy residuals including leg length discrepancy and external rotation of the left lower extremity with valgus deformity, as this represents a grant of the benefit sought on appeal.

The Veteran's disability, postoperative hemigastrectomy and vagotomy for a duodenal ulcer with resection of the small bowel, is currently rated at 60 percent. The Board finds that this rating adequately reflects the severity and symptoms of his condition.

The Board has determined that the Veteran's current bilateral venous insufficiency affecting the lower extremities is proximately aggravated by his service-connected diabetes and/or medication used to treat it, warranting service connection as secondary.

The Veteran's service-connected malaria does not present with active disease or residuals, and there is no evidence of hypertension or cardiovascular disorder due to the service-connected malaria. Therefore, a compensable evaluation for malaria is denied.

The Board has vacated the October 21, 2009 decision as to all issues decided other than granting service connection for osteoporosis. The Veteran's arthritis of multiple joints and hypertension and heart disease were not found to be related to his active service or due to VA treatment.

The Board has determined that the Veteran's avascular necrosis of the hips is caused by his service-connected asthma and was treated with steroids, which led to the development of avascular necrosis. As a result, the claim for service connection is granted.

The Veteran's appeal is remanded due to the need for a VA examination and additional private treatment records, as well as potential extraschedular evaluation.

The Veteran's death is presumed to be due to multiple myeloma, a condition associated with herbicide exposure. The Veteran served in Korea and had frequent trips near the DMZ where Agent Orange was used.

The Veteran is seeking service connection for various conditions, including leg injuries and gastrointestinal issues. The Board has determined that additional development is needed due to the need for medical examinations.

The Board has determined that the creation of an overpayment was proper due to the Veteran's failure to notify VA of his wife's death, despite having actual knowledge of her passing. The appeal is denied.

The Veteran's appeal was dismissed because the claimant died during the pendency of the appeal.

The Board finds that the Veteran's in-service dental trauma is established and grants service connection for residuals of dental trauma for VA treatment purposes only.

The Veteran's appeal is remanded due to the need for a current examination of her obsessive compulsive disorder and additional VA treatment records.

The Veteran's claims for increased ratings for residuals of removal of ingrown toenails on both the left and right great toes have been denied as there is no evidence of severe functional limitation or impairment equivalent to amputation.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for right eye blindness allegedly caused by VA medical treatment in February 2004. The case has been remanded to obtain additional records and provide a supplemental opinion regarding whether VA care proximately caused the disability.

The Board denied an increased rating for partial paralysis of the left seventh (facial) nerve, to include speech impediment, left eye and facial tic, gustatory sweating, and carotidynia.

The Board found that the Veteran's overpayment was properly created due to his active duty service, and he is not entitled to a waiver of recovery.

The Veteran's claim for an increased rating for his right hand disability is being remanded due to the need for additional development, including a new VA examination.

The Veteran's bilateral hip disability does not meet the criteria for a higher rating than 10 percent.

The Board determined that the appellant's character of discharge from his last period of service constituted a bar to VA benefits, excluding health care.