Other conditions decisions — 2012

The Veteran developed priapism as a result of taking Trazodone, which was prescribed by VA despite the known side effect of priapism. The Board finds that this resulted in additional disability and grants compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for service connection for basal cell carcinoma is being remanded due to the lack of a direct link between his exposure to herbicides and the condition, as well as the need for further medical examination.

The Board found that the Veteran's receipt of nonservice-connected pension benefits during a period when he was a fugitive felon resulted in an overpayment, and thus the debt is validly created. However, recovery of this overpayment would not be against equity and good conscience due to the Veteran's limited financial circumstances.

The Veteran's appeal is being remanded for further development, including additional examinations to assess the severity of his service-connected left acromioclavicular degenerative joint disease, left lateral epicondylitis, and nasal-septal deviation.

The Board has determined that additional development is necessary to determine the Veteran's eligibility for Montgomery GI Bill benefits under Chapter 30, and the case is being remanded for this purpose.

The Board has determined that the Veteran's unauthorized medical expenses incurred at a private hospital were reasonable and necessary, given the nature of his condition and the lack of availability of VA facilities. The reimbursement is granted.

The Board denied service connection for a dental disorder, finding no compensable disability and thus not warranting VA compensation. The Veteran's claim was also denied for outpatient treatment eligibility.

The Board has determined that the Veteran's mesothelioma, a cancer linked to asbestos exposure during his naval service, was caused by his military service and thus grants dependency and indemnity compensation based on the cause of his death.

The Board has ordered a VA examination for the Veteran's cardiovascular disability, but the notification letter was dated two days after the scheduled date. The case is being remanded to ensure proper notification and compliance with the April 2011 Board decision.

The Board denied increased evaluations for the Veteran's shell fragment wounds to the right forearm and abdomen, finding that the evidence did not support ratings in excess of 10 percent.

The Veteran's spine disability was granted effective December 11, 2004. The Board has now granted an earlier effective date of October 8, 1999.

The Board found that hepatitis C is not etiologically due to or caused by service-connected non-Hodgkin's lymphoma or its treatment, and denied the Veteran's claim for service connection.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine whether he has bowel and/or bladder impairment that is a neurological manifestation of his service-connected thoracic spine disability.

The Veteran has withdrawn his appeal for an increased rating for residuals of a compression fracture at T11 and L1, so the case is dismissed.

The Veteran's panic disorder has been rated at 70 percent since the rating period began, reflecting significant occupational and social impairment.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Nemaha County Hospital from January 28, 2007, through February 3, 2007 was denied as the condition had stabilized and she could have been transferred to a VA facility.

The Board found that the reduction from a 50 percent disability rating to a 30 percent disability rating for a history of uterine fibroids with abdominal hysterectomy, effective April 1, 2008, was proper due to clear and unmistakable error in a September 1999 rating decision.

The Veteran's claim for service connection of a right hip disorder is being remanded due to the need for further examination and development.

The Veteran's claim for service connection for squamous cell carcinoma of the right tonsil is being remanded due to the need for additional development regarding exposure to burn pits in Iraq and Agent Orange exposure.

The Veteran's claim for service connection for a neurological disability of the left leg and foot is being remanded due to the need for additional medical examination and development.