Other conditions decisions — 2012

The Veteran's appeal is currently in remand status due to the need for additional VA examinations and consideration of newly acquired evidence. The case will be returned to the Board after further development.

The Veteran's appeal is remanded for additional development, including obtaining VA and private medical records, clarifying the character of his duty prior to January 1, 1997 discharge, and scheduling a new VA examination.

The Veteran's spondylosis at L5 with spinal epiphysitis and degenerative changes is currently rated as 40 percent disabling, effective September 3, 2003. The appeal for an earlier effective date was granted.

The Board found that the Veteran's service-connected reflux esophagitis with peptic ulcer symptoms did not meet the criteria for an increased rating in excess of 30 percent under applicable VA rating criteria.

The Board has determined that the Veteran's cause of death, acute myeloid leukemia, is likely related to his presumed exposure to Agent Orange during service. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's overpayment of VA compensation benefits is valid due to his status as a fugitive felon. The Board finds sufficient grounds for waiving recovery of the debt, considering the fault on the part of the Veteran and inexcusable administrative delay by VA.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA examination to determine the nature and etiology of his claimed conditions.

The Board denied the appellant's claim for reimbursement of private medical expenses incurred at Baptist Beaches Medical Center on October 6, 2009. The denial was based on the absence of prior authorization and the fact that VA facilities were feasibly available to provide the necessary care.

The Veteran's lung disorder other than emphysema (manifested by pleural plaques) is service connected due to asbestos exposure. However, his emphysema is not service connected as it is attributed to smoking and not asbestos exposure.

The Veteran's claim for payment or reimbursement of unauthorized emergency medical expenses at Palms West Hospital during the specified period was granted, with VA becoming the secondary payer under the amended statute.

The Board determined that the recoupment of special separation benefits (SSB) by withholding VA disability compensation benefits was proper, as required by law.

The Board denied an increased rating for the Veteran's left knee disability, finding that the symptomatology associated with the service-connected condition more nearly approximated limitation of flexion to 110 degrees and limitation of extension to 10 degrees.

The Board has remanded the case for further development, including obtaining a new VA opinion regarding the likely etiology of the Veteran's respiratory disorder. The examiner must consider and take into account the Veteran's exposure to environmental factors during active service which may have contributed to the development of MAC.

The Board has determined that the issue on appeal should be remanded for further development and consideration, including issuance of a SOC and provision of VCAA notice to the appellants.

The Board denied the Veteran's claim for compensation under 38 U.S.C.A. § 1151 due to VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care during his June and July 2000 treatment.

The Board granted service connection for Stargardt's disease with a rating of 30% effective June 20, 2007. The Veteran's claim was reopened and his original claim for service connection was granted in November 2006.

The Veteran's claims for increased ratings for his service-connected shell fragment wound residuals of the left foot and right foot, as well as a rating for residuals of shrapnel injury to the right thigh with retained foreign bodies, were denied by the RO. The effective date is not specified.

The Board found no evidence of a current right arm or right leg neurological disorder that is etiologically related to the Veteran's military service.,Both issues were denied as there was insufficient medical evidence to support the Veteran's claims for service connection.

The Board has determined that the appellant requires regular aid and attendance due to his nonservice-connected disabilities, which were established through a VA examination. The effective date for special monthly pension is set at February 2, 2012.

The Veteran's current left arm disability is not considered to be a result of the VA surgical treatment in February 1978, and therefore compensation under 38 U.S.C.A. § 1151 is denied.