Other conditions decisions — 2012

The Board has remanded the case due to a change in personnel and the Veteran's request for a videoconference hearing.

The Board finds that the Veteran's cardiovascular disability is not due to VA care, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's skin disabilities were not found to be incurred in service or due to Agent Orange exposure, and thus the claim for service connection was denied.

The Veteran's service-connected soft tissue injuries to the right arm, right leg, and left leg have been rated as noncompensable. The Board has determined that a compensable rating is warranted for each of these conditions.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for service connection for compensation purposes due to a dental injury. The case must be returned to the AMC so that proper notice may be provided and any missing treatment records obtained.

The Veteran's left leg post-phlebitic syndrome is manifested by persistent edema incompletely relieved by elevation of the extremity without beginning stasis pigmentation or eczema, warranting a 20 percent rating.

The Veteran's residuals of injury to Muscle Group XIV are currently rated at 10 percent disabling, the maximum evaluation authorized under Diagnostic Code 7804-5314. The issue of evaluation for a bilateral hearing loss disability is addressed in the REMAND portion.

The Veteran's claim for an initial compensable evaluation for retained foreign body in the left eye was denied as there is no residual disability from the condition and it does not affect his vision or cause significant pain or incapacitating episodes.

The Board has remanded the case due to outstanding evidence and need for additional examinations. The Veteran's claim of service connection for an eye disorder, claimed as cataracts with decreased vision, is pending.

The Veteran's claims for service connection for a fungal infection of the feet and an orthopedic disorder of the feet were denied as there is no evidence showing these conditions are related to his military service.

The Veteran did not sustain a left hip injury or disease in service, and there is no evidence of continuous symptoms since service separation. The Board finds that the claim for service connection for a left hip disorder is denied.

The Board has ordered additional development to obtain private medical records and Social Security Administration records that may be relevant to the appellant's claim for service connection for an adjustment disorder. The case will be returned to the RO for further consideration.

The Board denied the Veteran's claims for service connection for urticaria and cholecystitis, as well as his request for an earlier effective date for a rating of 30% for coronary artery bypass graft. The skin disorder was not found to be related to active service.

The Board dismissed the appeal as the appellant withdrew her claim challenging the apportionment of $200.00 per month to child T.A. in the custody of the Veteran-father T.A.

The Veteran's right foot tendonitis is currently rated as 10 percent disabling, and a separate 10 percent rating for metatarsalgia is also assigned. The disability does not warrant an increased rating.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical services provided by NCH Healthcare System from September 6, 2007 to September 7, 2007 because the nature of the condition did not meet the criteria for emergency treatment as defined under VA regulations.

The Veteran's polyarthralgia was productive of no more than nearly constant symptoms of pain, weakness and limited movement, warranting a disability rating of no more than 20 percent.

The Veteran's appeal is being remanded due to the need for a statement of the case on his service connection claims and whether new and material evidence has been submitted. The effective date issue is inextricably intertwined with these issues.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's current idiopathic thrombocytopenia purpura (ITP) was incurred during active military service. Therefore, service connection for ITP will be granted.

The Veteran's widow has standing to file the current claim for accrued benefits, but her claim for service connection for a lung disorder was denied as there is no evidence of in-service incurrence or continuity of symptomatology post-service.