Other conditions decisions — 2012

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA dermatologic and psychiatric examination.

The Board has determined that the appellant's request for a waiver of overpayment was timely. The appeal is granted to this extent.

The Board has determined that the Veteran's bilateral foot condition is related to his service-connected right knee disability and grants service connection for this condition.

The Board has determined that the VA treatment records for the period of May to July 2003 are incomplete and must be obtained. A new medical opinion is needed regarding whether VA provided adequate care for the fungal infection, which led to osteomyelitis and cancer.

The Veteran received unauthorized medical expenses at a non-VA facility for gastrointestinal complaints, including vomiting blood. The claims were not submitted within the required 90-day period after discharge from the facility that provided the treatment. As such, payment is denied.

The Veteran's widow was in receipt of pension benefits at the time of her death, but VA can only pay benefits as authorized by law and the effective date for discontinuation is the last day of the month before death. Therefore, there are no accrued benefits to which the appellant could be entitled.

The Board has reopened the Veteran's previously denied claim for service connection for cardiovascular disease, including cardiomyopathy. The evidence submitted since May 1997 includes current diagnoses of a heart disability and raises a reasonable possibility of substantiating the claim.

The Board dismissed the appeal due to the appellant's withdrawal.

The Board denied the appellant's claim for apportionment of the Veteran's nonservice-connected pension benefits on behalf of their son, finding that the evidence showed the Veteran was reasonably discharging his responsibility for the child's support.

The Veteran's appeal was dismissed due to the death of the appellant, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that the Veteran's neurological disorders of the upper and lower extremities are not related to his service or service-connected PTSD, and thus denied both claims.

The Board found that the Veteran's gastrointestinal, sleep, and night sweats conditions were not incurred or aggravated by service. The evidence did not establish a connection to service for any of these conditions.

The Veteran's claim for an increased evaluation for his service-connected sideroblastic anemia was denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's Addison's disease has been rated at 20 percent since its initial grant of service connection in September 1985. The VA examiner found that the condition was well-controlled with current steroid therapy and significantly impacted his ability to work.

The Board found that the Veteran incurred a spider bite to the right upper thigh during service and granted service connection for residuals of this injury.

The Board found that the June 2005 rating decision awarding service connection for the cause of the Veteran's death was clearly and unmistakably erroneous due to a lack of proper procedures, leading to its severance.

The Veteran has withdrawn his appeal regarding the issue of entitlement to service connection for a gastrointestinal disability.

The Board denied an evaluation in excess of 10 percent for the Veteran's degenerative joint disease of the left knee, finding that the disability did not meet or approximate criteria for a higher rating based on limitation of motion or arthritis. The Veteran was granted service connection for patellofemoral arthritis and instability of the right knee, but his claim for the left knee remains pending.

The Veteran's initial claim of entitlement to an increased rating for closed left femur fracture residuals was granted, with a rating of 20 percent effective from April 8, 2010. The other issues were denied.

The Veteran's claim for service connection for a respiratory disorder is being remanded due to the need for additional development, including obtaining VA treatment records and National Guard personnel records. The Veteran will also be provided with notice under Dingess v. Nicholson.