Other conditions decisions — 2012

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability of the lumbar spine due to VA surgical treatment in May 2005 was denied as there is no evidence showing he has an additional disability of the lumbar spine itself.

The Board denied service connection for a low back disability and prostate cancer due to herbicide exposure, finding no evidence of in-service injury or chronicity post-service.

The Board has granted a 50 percent evaluation for the Veteran's service-connected chronic, bilateral orchialgia, which is the maximum schedular rating available. The decision also notes that this represents an exceptional or unusual disability picture as to render impractical the application of the regular rating schedule standards.

The Veteran's service-connected prostatitis does not meet the criteria for a rating higher than 10 percent, except during the period of March 1, 2006 to May 1, 2006 when it warranted a 40 percent rating.

The Veteran's right pelvic fracture is currently rated as 10 percent disabling under Diagnostic Code 5010, which addresses posttraumatic arthritis. The rating is based on the limitation of motion of the hip joint.

The Board found that the Veteran did not have a current pilonidal cyst disorder related to his period of service and denied his claim for service connection.

The Board has granted an initial 10 percent rating for the Veteran's shell fragment wounds of the bilateral thighs, finding that his symptoms approximate this level of disability.

The Board has granted the Veteran's claim for service connection for impotence as secondary to his service-connected prostatitis, with a rating of 30% effective from the date of the decision.

The Board has granted the Veteran's claim for service connection for a right leg disability, including atrophy and reflex sympathetic dystrophy of the right leg, as secondary to her service-connected right ankle fusion.

The Veteran's claim for a left lower extremity disability was denied as there is no evidence of current disability. The Board notes that numbness alone without a diagnosed or identifiable underlying malady does not constitute a disability.

The Board finds that the Veteran's myotonic dystrophy is likely due to his presumed exposure to Agent Orange during service, and grants service connection for this condition.

The Board found no current evidence of a disability of the right lower extremity characterized by numbness/paresthesia or a disability characterized by syncopal episodes, thus denying both claims.

The Veteran has a history of recurrent genital warts since service, and the evidence supports this as a direct result of his military service.

The Board found that the Veteran's benign vascular neoplasm was not incurred or aggravated by service, including exposure to herbicides. The decision is vacated due to a failure to consider the relaxed evidentiary standard for combat veterans.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of $40,776.70 because his request was not filed within the required 180-day period after notification of the overpayment.

The Board denied the appellant's claim for an earlier effective date of May 4, 2006 for the reinstatement of her death pension benefits. The decision stated that the earliest effective date was May 4, 2006 as this is when the claim was received by VA.

The Veteran's claim for service connection for myeloma was remanded due to the need to obtain missing records and VA treatment records, as well as a VA examination. The case will be re-adjudicated after these actions.

The Veteran's unauthorized medical expenses incurred at Northside Hospital from August 30, 2006 to September 1, 2006 are now eligible for payment or reimbursement due to the presence of a serious threat to life or health that rendered immediate emergency care necessary.

The Board has determined that the Veteran's neck cancer was caused by carelessness, negligence or error in judgment on the part of VA during a lip biopsy procedure. As such, compensation under 38 U.S.C.A. § 1151 is granted.

The Board has determined that the Appellant is entitled to recognition as the surviving spouse of the Veteran for purposes of receiving VA death benefits, based on her continuous cohabitation with the Veteran prior to their legal marriage and her role as his primary caregiver.