Other conditions decisions — 2012

The Board has determined that the Veteran's service-connected non-Hodgkin's lymphoma contributed to his death from sepsis due to, or as a consequence of, peritonitis and sarcoma of the abdomen. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's service-connected right inguinal hernia repair and small bowel obstruction have not resulted in symptoms that warrant a higher rating under the applicable VA rating criteria.

The Veteran's claim for an increased special apportionment of his disability benefits on behalf of the Appellant and minor child H. B. was denied as there is no evidence of hardship or undue financial strain.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because the treatment was not provided by a VA employee or at a VA facility, and thus does not meet the criteria for compensation.

The Board has determined that the appellant's character of discharge from service is dishonorable and therefore constitutes a bar to VA benefits.

The Board found that the Veteran's service-connected peptic ulcer disease did not meet the criteria for a compensable rating, as there was no evidence of active ulcers or recurrent symptoms once or twice yearly. The claim is therefore denied.

The Board found that the Veteran's death was not caused by carelessness, negligence, lack of proper skill or error in judgment on the part of VA in furnishing medical treatment to the Veteran. The appellant argued that negligence on the part of the Veteran's VA caregivers led to dehydration and bed sores which contributed to his death. However, there is no credible evidence supporting this claim.

The Veteran's service-connected right hip disability was evaluated as 10 percent disabling prior to April 2, 2009. The Board found that the evidence did not support a higher rating for this period.

The Board found that the Veteran's pernicious anemia was not present in service or until many years thereafter and is not related to service. The claim for service connection for pernicious anemia was denied.

The Veteran's right knee disability is currently rated at 30 percent, but the Board finds that his symptoms do not warrant a higher rating as there is no evidence of ankylosis, impairment of the tibia and fibula, or limitation of motion to 30 degrees.

The Board has ordered additional development to obtain a copy of the Compensation and Pension Examination Inquiry input used for an August 2005 VA opinion, as well as radiation dose estimates. The case will be remanded to determine if the Veteran's brain cancer is related to in-service exposure to ionizing radiation.

The Veteran's appeal is being remanded for additional development to determine the current severity of her right and left hip disabilities, including a possible revision surgery on the right hip.

The Veteran's claim for an increased disability rating for his service-connected hemoglobinopathy with sickle thalassemic electrophoretic pattern of hemoglobin Type "F" was denied. The current disability rating remains at 60 percent.

The Veteran's service-connected right foot disorder is rated at 10 percent, effective June 16, 2002. The Board found that the disability more nearly approximates moderate impairment from the date of initial grant of service connection.

The Board has determined that the Veteran's bilateral hearing loss does not warrant a compensable rating, as it is manifested by no more than level I hearing acuity in both ears.

The Board denied the Veteran's claims for increased ratings for bilateral hallux valgus, finding that his symptoms did not meet the criteria for a compensable rating under the applicable diagnostic codes.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore, his widow is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's appeal is REMANDED due to the need for additional development, including obtaining outpatient treatment records and scheduling a VA examination.

The Veteran's initial ratings for visual field and acuity impairments due to optical neuritis have been granted at 70 percent each, effective June 18, 2008. The most recent VA examination showed visual fields of less than 10 degrees bilaterally, warranting a 70 percent rating under Diagnostic Code 6080.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications following a November 2008 eye surgery, which resulted in loss of vision and multiple surgeries. The case is being remanded to obtain additional medical records and arrange for a VA examination.