Other conditions decisions — 2011

The Veteran's nephropathy is found to be aggravated by his service-connected diabetes mellitus, and the Board grants secondary service connection for this condition. The issue of bilateral lower extremity venous insufficiency with stasis remains pending.

The Veteran's claim for an effective date prior to September 21, 2007 for the award of service connection for cervical myelopathy of the bilateral upper and lower extremities is denied. The RO found that there was no evidence of a valid claim filed before this date.

The Board found that the evidence did not support a finding of a liver disorder and denied the claim for service connection.

The Board found that the Veteran's Friedreich's ataxia first manifested in service and granted service connection for this condition.

The Veteran's service-connected herniated disc at L4-L5 has been productive of pain and a need for pain medication, but objective findings have not shown unfavorable ankylosis of the entire thoracolumbar spine or any incapacitating episodes. The criteria for a higher rating are not met.

The Board has determined that the appellant's net worth of $167,522.00 is sufficient to meet her maintenance needs for approximately 24 years at the current level of consumption and therefore precludes the payment of nonservice-connected death pension benefits.

The Veteran's appeal for special monthly compensation based on the need for regular aid and attendance or at the housebound rate has been dismissed due to his death.

The Veteran's unauthorized medical expenses incurred from June 26, 2008 to June 28, 2008 were denied because the evidence showed he had coverage under a health-plan contract with Blue Cross Blue Shield.

The Board found that the Veteran's left eye blindness was not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part. The Board also determined that the blindness was not an event not reasonably foreseeable prior to his multiple surgeries. Therefore, the criteria for compensation under 38 U.S.C.A. § 1151 were not met.

The Board denied the Veteran's claim for service connection for strabismus, finding that his pre-existing condition did not worsen beyond its natural progression during military service.

The Veteran's atrial fibrillation was not caused by VA hospital care, medical or surgical treatment, and the Board finds that it did not result from a failure to exercise reasonable care. The additional disability is not compensable under 38 U.S.C.A. § 1151.

The Veteran's muscle pain and fatigue are presumed to be due to his service in the Persian Gulf War, as they have been present for at least six months since service and cannot be attributed to any known clinical diagnosis.

The Board has determined that the Veteran's neural deficits of the left lower extremity are causally related to his service-connected left ankle disability, and thus grants service connection for this condition.

The Veteran's shell fragment wounds of the right and left legs are rated at 10 percent, effective May 9, 2008. The Board denied increased ratings for PTSD prior to February 21, 2007, but granted service connection for PTSD from that date onwards and a TDIU.

The Veteran's left hand palmar surface laceration residuals are manifested by two visible scars, but do not meet the criteria for a higher rating due to lack of limitation of motion or other disabling effects. A 10 percent disability rating is granted.

The Board denied service connection for sexual dysfunction, concluding that there is no credible evidence of a currently diagnosed disability and the Veteran's reports are not supported by contemporaneous medical diagnoses or subsequent findings.

The Board has determined that the Veteran's aortic valve disorder, enlarged and tortuous aorta, and aortic aneurysm are the result of disease incurred in or aggravated by active military service.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence to support a presumption of herbicide exposure or any other link between the Veteran's military service and his lung cancer.

The Veteran's service-connected loss of the nasal half of the visual field of the left eye is currently rated at 10 percent, and no higher. The Board finds that this rating adequately reflects his current disability.

The Veteran's service treatment records are silent for any in-service stress fractures of the bilateral feet and no current disability was found in post-service treatment records. The Veteran failed to report for scheduled VA examinations, which resulted in denial of his claim for a compensable rating for keratosis of the bilateral feet.