Other conditions decisions — 2012

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected left navicular bone deformity and its impact on his ability to work.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for post-operative residuals of esophageal achalasia with dysphagia resulting from an August 2005 Heller myotomy and fundoplication procedure performed by VA. The case has been remanded to obtain additional medical records, including those since 2007, and to request a supplemental opinion from the physician who provided the May 2011 opinion.

The Veteran's right little finger disability, characterized by flexion deformity at the proximal interphalangeal joint with ankylosis status post fracture, is rated as a noncompensable rating under Diagnostic Code 5230. However, given the presence of unfavorable ankylosis involving both the metacarpophalangeal and proximal interphalangeal joints, the Veteran's disability is now rated as a compensable 10 percent under Diagnostic Code 5156 for amputation at the proximal interphalangeal joint without metacarpal resection.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, a medical examination to determine the nature of his skin disability, and further adjudication.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to his forfeiture of VA benefits, which constitutes a statutory bar.

The Board denied the Appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of evidence of qualifying service in the United States Armed Forces.

The Board has determined that the Veteran does not have current residuals of cold weather injuries to any of his claimed body parts and therefore, service connection for these conditions is denied.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's cold injury residuals of both feet are currently evaluated at 20 percent, and the Board has determined that a higher evaluation of 30 percent is warranted for each foot.

The Veteran's claim for payment or reimbursement of unauthorized medical services provided at a non-VA facility was denied because VA facilities were feasibly available to treat his condition, and the condition was deemed non-emergent.

The Board has remanded the case due to incomplete records and a need for further review, including consideration of whether new medical opinions are needed.

The Board has determined that there is no current disability manifested by dysmenorrhea and therefore denied the Veteran's claim for service connection.

The Board has determined that the Veteran is not entitled to service connection for sickle cell trait as it does not constitute a disability for which service connection may be established.

The Board found that the Veteran's current left eye disability is not related to his in-service corneal abrasion and thus denied service connection for this condition.

The Veteran's bladder disorder, lymphadenopathy, and cataracts are not presumed to be due to ionizing radiation exposure. The Board finds that the evidence does not support a finding of direct service connection for these conditions.

The Board found that the Veteran's bilateral hand disfigurement is not due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA or Dr. T.N., and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining a new opinion regarding the relationship between current hand and foot disabilities and any service-connected conditions.

The Veteran's claim for service connection for a skin disorder, to include as due to exposure to ionizing radiation has been reopened. The new evidence submitted includes VA outpatient treatment reports and the Veteran's testimony indicating his current psoriasis is related to his active service. However, there is no direct evidence linking the current condition to service or any known exposure basis.

The Board found that the Veteran's pre-existing right knee disorder did not worsen during service and denied his claim for service connection.

The Board denied the Appellant's application to reopen her claim for VA death benefits due to a lack of new and material evidence showing that her deceased spouse had qualifying service in the U.S. Armed Forces.