Other conditions decisions — 2011

The Veteran's request for a waiver of overpayment was found to be timely, and the appeal is granted.

The Veteran's appeal is remanded for further examination and evaluation of his service-connected thoracic spine disability, including its interplay with post-service motor vehicle accident injuries. The case will be readjudicated after the additional development.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining in-patient records and service personnel records. The case will be returned to the Board after these actions are completed.

The Veteran's claims for service connection for calcaneal spurs of the left and right feet are being remanded due to the need for a Compensation and Pension examination.

The appellant withdrew her appeal regarding the issue of entitlement to waiver of overpayment in the amount of $1830.00, and thus the case has been dismissed without prejudice.

The Veteran's request for additional VA compensation based on his daughter's school attendance was denied because the claim was not filed within one year of her 18th birthday.

The Veteran's claim for service connection for chronic lymphocytic leukemia, to include as secondary to herbicide exposure in Korea, is being remanded due to the need for further development regarding his claimed exposure.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Parrish Medical Center is denied as the VA facility was feasibly available and there were no emergency conditions warranting private treatment.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was granted, as her surgery resulted in an epidural hematoma that was not reasonably foreseeable and caused by VA carelessness or negligence.

The Veteran's HIV was initially rated at 10 percent prior to August 24, 2009. From that date onward, the rating was increased to 30 percent.

The Veteran's appeal has been dismissed due to his death, and the issue of entitlement to VA compensation for bilateral lower extremity paralysis under 38 U.S.C.A. § 1151 is moot.

The Veteran's claim for an increased disability rating for his service-connected post bilateral exostectomy of the great toes is being remanded due to the need for a VA examination and additional VA treatment records.

The Veteran's claim for an increased rating for postoperative residuals of a laceration of the right ring finger and a flexion contracture deformity of the right little finger is being remanded due to scheduling issues with the VA examination.

The Board denied the Veteran's claim for a rating in excess of 10 percent for aplastic anemia, finding that his condition has improved and he no longer requires transfusions. The reduction from 100% to 10% was also denied as there is no evidence of improvement or remission.

The Board dismissed the motion for revision of a September 20, 2010 decision based on clear and unmistakable error (CUE) because the Veteran did not provide specific allegations of error in his motion.

The Veteran's service-connected residuals of a shrapnel wound of the left leg are manifested by moderate muscle weakness symptoms, warranting a 10 percent disability rating.

The Board granted a 60 percent rating for the service-connected residuals of a shrapnel wound to the right anterior chest, effective from June 8, 2010.

The Veteran's lung disorder, including pleural plaques and interstitial disease, is found to be causally related to his exposure to asbestos during service. Service connection for this condition is granted.

The Board found that the Veteran's narrowing of arteries is not related to his service-connected diabetes mellitus and denied both his claim for service connection and his increased rating claim.

The Board is remanding the cause-of-death claim to obtain additional VCAA notice and medical nexus opinions. The appellant believes her husband's terminal liver cancer was caused by his exposure to Agent Orange in Vietnam, but this theory of entitlement does not apply as he did not die from a condition listed for presumptive service connection due to herbicide exposure.