Other conditions decisions — 2011

The Veteran's adhesions of the peritoneum have been assigned a maximum rating (50%) under the applicable diagnostic code, and he is granted a 50% disability rating effective February 13, 2009.

The Board has determined that the appellant's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits in the original amount of $4985.00 (US dollars) was timely filed, and thus grants this claim.

The Board denied the Veteran's claim for service connection for constipation, to include as secondary to a service-connected disability. The appeal is now remanded for further development.

The appellant's claim for a one-time payment from the FVEC fund is denied as her husband did not have qualifying service and died prior to the enactment of the American Recovery and Reinvestment Act.

The Veteran's monthly disability compensation benefits are denied for apportionment to the appellant as custodian of their minor children due to financial hardship caused by an insufficient amount of benefits that would be allocated.

The Veteran's back and shoulder disabilities were evaluated, but the Board found that his conditions did not meet or approximate the criteria for a higher rating.,The Veteran was granted a 40 percent disability rating for his compression fracture of the thoracic spine with gibbons formation.

The Board found that the Veteran's small vessel ischemic disease was not shown to be related to his active duty service, including exposure to pesticides or mercury, and did not find a nexus between the condition and antidepressant medication. As such, the claim for service connection was denied.

The Veteran's service-connected adjustment disorder with mixed emotional features is rated at 70 percent from April 1, 2005 to October 17, 2007, due to significant impairment in work and social functioning.

The Veteran's cystitis was initially rated at 10 percent prior to July 2, 2008. Since then, the disability has worsened and is now rated at 60 percent effective from July 2, 2008.

The Veteran's patellofemoral pain syndrome of the right and left knees is currently rated as 10 percent disabling under Diagnostic Code 5262. The Board finds that the evidence supports a finding that his symptoms warrant an increased rating.

The Board has determined that the Veteran's current heart disabilities, including congestive heart failure and ischemic cardiomyopathy, were not incurred during active service or due to any other service-connected disability. The preponderance of evidence does not support a connection between the Veteran's heart conditions and his military service.

The Veteran's thoracic spine disability has not been shown to warrant a rating in excess of the current 10 percent evaluation.

The Veteran's complaints of paresthesia in both upper and lower extremities have not been attributed to a clinical diagnosis, and his service connection claims for these disabilities are denied.

The Veteran's appeal for continuation of a compensable evaluation under 38 C.F.R. § 4.71a, Diagnostic Code (DC) 5003 for arthritis as an active process has been denied because the combined disability rating in excess of 20 percent results from separate evaluations assigned under current provisions of DC 5002.

The Veteran's service-connected neurological impairment of the left lower extremity has been rated at 10 percent since September 2002. The Board finds that this rating is appropriate as there is no evidence of more than mild incomplete paralysis.

The Veteran's claim for an increased rating for his service-connected skin disorder, bilateral dermatophytosis of the feet and occasional candidiasis in the corner of the mouth, is being remanded due to incomplete records and the need for a VA examination.

The Veteran's DVT in his left leg has been rated at 60 percent since January 1, 2000. The disability is characterized by swelling and pain with stasis pigmentation but no persistent ulceration or massive edema.

The Board found that the Veteran's currently diagnosed benign prostatic hyperplasia is not etiologically related to service or a pre-existing condition, and denied his claim for service connection.

The Veteran's claim for a higher rating for abdominal adhesions has been denied as the evidence does not support a finding of moderately severe peritoneal adhesions with partial obstruction.