Other conditions decisions — 2011

The Board found that the appellant and the Veteran were legally divorced in October 2006, but did not establish a common-law marriage after their divorce. The evidence does not support the claim of a mutual agreement to be husband and wife.

The Veteran's jaw disability, previously rated as noncompensable prior to March 1, 2010, is now rated at 20 percent effective March 1, 2010.

The Board found that the Veteran's laryngeal cancer is not related to service, including exposure to asbestos in service. The claim for service connection was denied.

The Board found that the Veteran's eye disorder, including residuals of eye trauma, was not incurred in or aggravated by active service and denied his claim.

The Veteran's claim for service connection for optic atrophy of the left eye was denied in April 1980, and no new and material evidence has been received to reopen this claim. The Veteran's seizure disorder is rated as 10 percent disabling.

The Veteran's current stress incontinence and overactive bladder are shown to be etiologically related to her active military service, and the Board finds that she has met the criteria for direct service connection.

The Board denied an increased rate of DIC benefits because the Veteran's pay grade at death was O-2, and not higher.

The Veteran's lumbar spine disability resulted in a combined range of motion greater than 120 degrees but less than 235 degrees prior to April 21, 2008. From April 21, 2008 onwards, the disability resulted in limitation of motion and severe pain during flare-ups. The Veteran also has left lower extremity radiculopathy associated with his lumbar spine disability. There is no evidence that the Veteran was treated for sinusitis in service or had any other in-service event or exposure that caused his current sinus disorder.

The Veteran's appeal is remanded due to the need for a new VA examination by a physician with appropriate expertise, as well as obtaining all outstanding medical records from the Washington VAMC.

The Board has determined that there is new and material evidence to reopen the claim for service connection for residuals of cold exposure, and finds that the Veteran has residuals of in-service cold exposure. Service connection is therefore granted.

The Veteran's claim for service connection for varicose veins in the left leg, claimed as secondary to his service-connected right leg condition, is being remanded due to inadequate medical opinion and need for further examination.

The Veteran's claim for service connection for missing teeth #4, 5, 7, 8, 9, 10, 13, 18, 19, 20, 21, 27, 28, 29 and 30 was granted as new evidence supported reopening of the claim.

The Veteran's claim for service connection for mantle cell lymphoma, non-Hodgkin's lymphoma has been remanded due to the need for clarification of his exposure claims and further development regarding potential service connection based on new evidence.

The Board has determined that the Veteran's lung disorder is not related to his military service and denied his claim for service connection. The initial evaluation for bilateral hearing loss was also denied.

The Board found that the medical services provided at Cary Medical Center were not rendered in a medical emergency of such nature that delay would have been hazardous to life or health, and thus denied the claim for payment.

The Board has determined that a new VA examination is needed to evaluate the Veteran's service-connected ruptured left Achilles tendon, as his claim for an initial compensable rating was partially based on a finding of full range of motion with no evidence of painful motion or functional limitation.

The Board has determined that a remand is necessary to obtain additional medical evidence and to provide the Veteran with an appropriate VA examination. The issue of entitlement to service connection for a bilateral foot disability, including flatfeet and hammertoes, will be reconsidered after this development.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not show that his additional disability was caused by VA's negligence or carelessness in providing medical treatment.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $3,102.86 due to fault on the part of the Veteran and lack of undue hardship.

The Board found no evidence of right or left median nerve paralysis in service and denied the Veteran's claims for these conditions.,Service connection was also denied for a low back disorder, as there was no chronic disability related to service. The Veteran did not provide sufficient new and material evidence to reopen this claim.