Other conditions decisions — 2012

The Board denied service connection for a spinal cord disorder with paresthesias of the upper and lower extremities, but granted service connection for dry eye syndrome with resultant blepharospam. The decision is mixed as one issue was granted while another was denied.

The Board found no evidence of a chronic heel condition in service and insufficient observation to establish continuity of symptomatology after service. The current heel pain and left calcaneal spurring are not related to service.

The Board found that the Veteran's condition on February 14, 2011 was of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health. The care received at Windber Medical Center was not previously authorized by VA and a VA facility was feasibly available.

The Veteran's additional disability, including a depressed area of the skull and cognitive and speech impairment, is not deemed to be caused by VA medical treatment. The Board finds that there was no negligence or fault on the part of VA in providing the care.

The Board finds that the Veteran's immune deficiency, boils of the face, and allergic skin reaction to the sun are not caused or aggravated by his participation in METOXE II during active military service.

The Veteran's claim for service connection for basilar artery insufficiency due to arteriosclerosis, including as a result of herbicide exposure is being remanded for additional development.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current respiratory disorder is related to his military service.

The Board denied the Veteran's claims for service connection for loss of teeth 1, 2, 3, 15, 18, 19, 30, 31, and 32 due to lack of evidence showing they were caused by trauma or osteomyelitis. The claim for dental treatment was granted based on service-connected TMJ. The initial rating for TMJ was denied.

The Board found that the Veteran's additional disability was not caused by VA fault or an unforeseeable event, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's migraine headaches are rated at 50 percent, effective June 29, 2004. The ingrown toenails of the bilateral greater toes remain noncompensable.

The Board has determined that the Veteran is entitled to a 20 percent evaluation for his shell fragment wound scars of the left elbow area, but not higher.

The Board has determined that the previous remand directives were not properly followed and a new VA examination is necessary to determine if any current eye disorders are related to or aggravated by military service.

The Board has determined that the Veteran's service connection claim for bilateral tibial stress reaction and its residuals must be remanded to allow for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's claim for service connection for a right inguinal hernia is being remanded due to the need for a VA examination to determine the nature and etiology of his condition, including whether it is related to his service-connected left inguinal hernia.

The Veteran's appeal is remanded due to the need for a current examination of his service-connected injury to lower trunk of right brachial plexus, associated with aortic arch replacement surgery. The RO must provide an appropriate examination and consider any new evidence before readjudicating the claim.

The Board has determined that the Veteran's death was caused by VA medical treatment, which contributed to his recurrence and spread of cancer. As a result, the appellant is entitled to dependency and indemnity compensation.

The Veteran's status post left eye pterygium residuals have been manifested by swelling in the conjunctiva, with the need to take artificial tears; corrected visual acuity in the left eye of no worse than 20/40; and complaints of pain, redness, and watering. The Board finds that throughout the appeal, his status post left eye pterygium residuals have been manifested by these symptoms warranting a 10 percent disability rating.

The Veteran's appeal for a compensable disability rating for residuals of a right humeral fracture was denied. The Board found that the evidence did not support a higher evaluation as there was no indication of significant functional loss or impairment.

The Veteran's right shoulder disorder was not incurred or aggravated by service, and the Board finds that it is not related to his service-connected degenerative disc disease of the lumbar spine.

The Veteran's left leg varicose veins disability has been rated as 10 percent disabling since August 8, 2009. The VA examiner found no significant abnormalities and noted the presence of pain with prolonged walking.