Other conditions decisions — 2011

The Veteran's left hip disorder was incurred in service and he is granted a higher rating of 40 percent for his low back disability, as well as increased ratings for his associated left leg radiculopathy and right leg radiculopathy. The TDIU claim is remanded.

The Board found that the Veteran's detached retina with loss of vision, right eye was not caused by his service-connected PTSD and denied the claim.

The Veteran's tongue cancer and lymph node cancer are found to be related to his in-service herbicide exposure, warranting service connection.

The Board found that the Veteran did not have a chronic left hand disability incurred or aggravated in service and denied his claim for service connection.

The Veteran's appeal is denied as he did not serve in active military, naval, or air service for 90 days during a period of war. As a result, the appellant does not meet the criteria for basic legal entitlement to nonservice-connected pension benefits.

The Board denied the claim for waiver of recovery of an overpayment of Department of Veterans Affairs compensation benefits in the amount of $50,422.00 due to fault on the part of the appellant and lack of undue hardship.

The Board found that the Veteran was not a fugitive felon and therefore, termination of his compensation payments for the period from January 20, 2004 to November 25, 2004 was not proper.

The Board has determined that additional evidence is needed to adjudicate the claim, including verification of service dates and documentation of any service-connected disabilities. The case will be remanded for these purposes.

The Board found that the Veteran's current chronic back strain disability is not related to his active duty service and denied his claim for service connection.

The Veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for additional medical records and examination.

The appellant died during the appeal process, and therefore their claim for service connection for cancer has been dismissed due to lack of jurisdiction.

The Board found that the Veteran's cocaine addiction was not caused by the in-service nasal surgery and topical administration of cocaine, but rather due to his own willful misconduct.

The Board denied the Veteran's claim to reopen his right eye disorder, finding no new and material evidence that would link his current condition to his military service.

The Veteran's unauthorized dental expenses incurred from April 18, 2008 to May 9, 2008 were not reimbursable as they did not meet the criteria for emergency treatment or preapproval.

The Board has determined that the Veteran's claim for an earlier effective date for TDIU and SMC based on loss of use of his left foot due to service-connected disability requires further review, including a VA examination to determine if he was unemployable solely due to his service-connected nerve palsy prior to March 30, 2000. The Veteran's claim also needs to be reviewed for factual ascertainability regarding the presence of complete paralysis of the external popliteal nerve and loss of use of the foot.

The Board has reopened the Veteran's claims for colitis, prostate disorder, residuals of a neoplasm behind the left eye (claimed as a brain tumor and left eye disorder), and arthritis. However, it denied these claims on the merits.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not support a compensable rating for his left foot disorder, granted service connection but no compensation for residuals of a fractured left tibia with arthritis prior to September 23, 2009, and granted an initial 10 percent rating thereafter. For DDD of the lumbar spine, the Board found that he did not meet criteria for a higher than 10 percent or 20 percent rating before or after September 23, 2009.

The Board found that the Veteran's bilateral eye disorder, including refractive errors and claimed as blindness, was not incurred in or aggravated by service.

The Board has determined that the evaluation for lamellar macular holes in the right eye was properly reduced to a noncompensable rating, and service connection for an acquired pathology of the left eye remains intact. The Veteran's claims for special monthly compensation and certificates of eligibility were denied.

The Veteran seeks service connection for Raynaud's disease. The Board has ordered a VA examination to determine the nature and etiology of his claimed condition, including whether it is related to military service or exposure to herbicides and/or excessive shock and vibration from firing artillery rounds.