Other conditions decisions — 2012

The Veteran's appeal is being remanded for additional development to obtain medical records and determine the reason for his gall bladder surgery refusal at a VA facility.

The Veteran's appeal is remanded due to the need for further development and adjudication of his service connection claim for residuals of a gunshot wound to the right thigh with supracondylar femur fracture, claimed as secondary to service-connected knee disabilities. The temporary total evaluation based on surgical or other treatment necessitating convalescence under 38 C.F.R. � 4.30 is also inextricably intertwined and must be addressed concurrently.

The Veteran's claim for additional compensation benefits for his grandchild, K.T., is denied as she does not meet the legal criteria to be considered a dependent for VA purposes.

The Board found that the Veteran's bowel incontinence was not incurred during service and is not related to his service-connected cholangiocarcinoma. Therefore, he did not meet the criteria for service connection for this condition as an accrued benefits claim.

The Board has reviewed new evidence submitted by the appellant, including a VA opinion and private treatment records. The May 2009 VA opinion does not raise a reasonable possibility of substantiating the claim for service connection due to PTSD or alcohol dependence. The December 2011 VHA opinion also found no service connection is warranted based on these conditions.

The Board has determined that there is conflicting medical evidence regarding the Veteran's need for aid and attendance or housebound status. The case is being remanded to obtain additional information from a clinician.

The Board found that the Veteran's respiratory disabilities, including left pleural effusion, benign mesothelial hyperplasia, emphysema, and chronic inflammation and fibrosis, were not incurred or aggravated by service. The Board concluded that these conditions are more likely due to his cardiac surgery in 2007 rather than asbestos or ionizing radiation exposure during active duty.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for urethritis, which was previously denied in February 2003. The Veteran is found to have presented credible lay assertions sufficient to establish a continuity of symptomatology referable to symptoms of urethritis while in active service and since separation from active service.

The Board found no evidence of a relationship between the Veteran's inguinal hernia and his service, including any in-service injury or disease. The claim is denied.

The Board denied the appellant's claim for legal entitlement to the one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of qualified service.

The Board has determined that the original grant of service connection for residuals of thoracic fusion with scoliosis was clearly and unmistakably erroneous due to preexisting conditions.

The Board has remanded the case for further development and review of a VHA opinion, as notification to the Veteran was not provided.

The Board determined that the Veteran's transfer to the Individual Ready Reserve (IRR) on March 15, 2006 made him ineligible for Chapter 1607 educational benefits. As a result, VA stopped paying these benefits and adjusted his delimiting date accordingly. This led to an overpayment of $5,674.90 which was subsequently offset by other benefits, leaving the Veteran with a valid debt that cannot be waived.

The Board has determined that the Veteran's skin condition manifested by tinea versicolor is related to his active service and grants this claim. The muscle and joint pain claim remains pending as there is insufficient evidence to grant service connection.

The Board dismissed the Veteran's appeal because he did not file a timely notice of disagreement with the June 2005 decision denying his request for waiver of overpayment of disability compensation benefits.

The Veteran's initial compensable evaluation for his left foot disability is granted from June 18, 2006 to May 24, 2011. An increased rating of 10 percent is granted from May 25, 2011 forward (excluding a period when a 100% evaluation was assigned).

The Board has remanded the case for further development, including scheduling an echocardiogram and a contrast-enhanced CT of the chest. The Veteran's private treatment records are also to be obtained.

The Veteran's shell fragment wounds to the left upper extremity resulted in a 30 percent rating, with separate ratings for muscle injuries and amputation of the little finger. The decision grants these claims.

The Board has determined that the Veteran's alcohol and substance abuse is related to his service-connected major depressive disorder, resolving all doubt in favor of the Veteran.

The Board denied the Veteran's claims for service connection for a dental disability and higher initial rating for TMJ. The case is being remanded to obtain relevant treatment records from private providers.