Other conditions decisions — 2012

The Veteran's claim for a disability rating in excess of 60 percent for his service-connected duodenal bulb deformity with pyloroplasty and vagotomy was denied. The current highest available rating under the applicable diagnostic codes is 60 percent.

The Board has decided to remand the case for further development, including obtaining VA examination and records from SSA.

The Veteran's request for waiver of overpayment of pension benefits was denied because it was not filed within the required 180-day period after notification.

The Veteran's claims for a higher rating for his right knee disability and service connection for scoliosis are being remanded due to the need for additional examinations.

The veteran's appeal was dismissed due to his death, and no service connection for residuals of cold injury is granted.

The Veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund is denied as he does not have qualifying service under VA regulations.

The Board found that the reduction of the disability rating for status post left medial malleolus fracture from 20% to 10% was not warranted due to lack of sustained improvement in the Veteran's condition.

The Veteran's service-connected testicular atrophy as a residual of epididymitis is denied because the clinical evidence does not demonstrate chronic urinary tract infection, renal dysfunction, or a level of testicular impairment associated with residuals of epididymitis that more closely approximates the schedular criteria for a compensable evaluation.

The Board has decided to remand the case for a VA examination and further development due to incomplete medical records and the need to determine if any current right eye disorder is related to service.

The Veteran's claim for service connection for throat cancer is being remanded due to the need for further development regarding his exposure to chemicals and agents during active duty. The case will be reviewed again after obtaining specific information about the conventional, chemical, or nuclear weapons he was exposed to.

The Veteran's service-connected right leg stress fracture and posterior and anterior compartment syndrome are currently rated at 10 percent, which is the maximum rating available under Diagnostic Code 5399-5312. The left leg disability is rated as noncompensable (0 percent). Both conditions do not meet the criteria for a higher rating.

The Board has remanded the case for additional development, including obtaining records from SSA and scheduling a VA examination to assess the severity of the appellant's service-connected varicose veins.

The Veteran's inpatient treatment at Samaritan Medical Center from October 5, 2010 to October 14, 2010 was not rendered due to a medical emergency and VA did not provide prior authorization for the treatment. The Board found that the Veteran's condition did not meet the criteria for emergency treatment under 38 U.S.C.A. § 1725(f)(1).

The Board has reviewed the evidence and determined that no new and material evidence was received to reopen the claims for service connection for psychosis and schizoaffective disorder. As such, these claims remain denied.

The Board has granted service connection for a left calcaneal spur syndrome and bilateral shin splints, finding that these conditions were incurred during active military service.

The Board has denied service connection for right and left leg disabilities, finding no direct evidence linking the current peripheral vascular disease to service or a service-connected condition.

The Veteran's claims for increased ratings for residuals of malaria and gonorrhea were denied as there is no medical evidence showing active disease or residual disability from these conditions.

The Board denied the Veteran's claim for service connection for generalized arthritis, finding that it was not incurred in or aggravated by active military service and is not proximately due to, the result of, or aggravated by his service-connected diabetes mellitus.

The Board found that the Veteran's loss of teeth, caries, and atrophy were not caused by dental trauma in service. The competent clinical evidence did not establish a current dental disorder for which VA compensation is payable.

The Veteran's claim for service connection for dizziness is being remanded due to inadequate medical opinions in prior VA examinations. The case will be returned to the VA examiner or other qualified provider for a supplemental opinion regarding whether his chronic ataxia is causally related to his service and if it is aggravated by his service-connected bilateral hearing loss and/or tinnitus.