Other conditions decisions — 2012

The Board has ordered remand to obtain a medical opinion regarding the etiology of the Veteran's gynecological conditions, including ovarian cysts, fibroid tumors, nabothian tumors, cystocele, PID and UTIs. The examiner is asked to provide opinions on whether these conditions are related to service-connected menorrhagia and stress incontinence and overactive bladder.

The Veteran withdrew his appeal regarding the waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $12,571.00.

The Veteran's bilateral hallux valgus has been granted an increased rating to 10 percent, with separate ratings for each foot. The claim was also granted on the issue of whether separate ratings are warranted for each foot.

The VA medical care provided to the Veteran did not result in additional disability or death due to negligence, lack of proper skills, error in judgment, or similar instance of fault on the part of VA.

The Veteran's claim for an earlier effective date for additional compensation for his dependent spouse was denied as he did not submit the necessary documentation to receive these benefits until May 11, 2006.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse, finding that her marriage to the Veteran was legally dissolved in 1995 and she remarried after his death. The decision also noted that she did not meet other eligibility criteria for VA benefits.

The Veteran's right distal radius fracture residuals have been rated at 10 percent since July 1975. The most recent VA examination in August 2010 showed limited range of motion with no additional functional loss.

The Veteran's splenectomy residuals are currently manifested by constipation and occasional abdominal cramping, but no active systemic bacterial infections. The VA has assigned a 20 percent evaluation for these residuals since March 26, 2007.

The Board denied the appellant's application to reopen a claim for DIC benefits as an adult helpless child of the Veteran, finding that new and material evidence had not been received. The appellant is currently married and thus ineligible for DIC benefits.

The Veteran's claim is being remanded for a Travel Board hearing due to his desire to testify at the local VA office.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service as a member of the Philippine Commonwealth Army, including in the recognized guerrillas.

The Board has denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund as he did not have qualifying service in the Philippine Commonwealth Army, including recognized guerrillas, to establish eligibility.

The Board denied the claim for a one-time payment from the FVEC Fund as the appellant did not have service as a member of the Philippine Commonwealth Army or recognized guerrillas in the service of the United States Armed Forces.

The Veteran's squamous cell carcinoma was not incurred in or aggravated by active service, and may not be presumed to have been so incurred or aggravated due to herbicide exposure.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to ionizing radiation in service, and will be referred back for a dose estimate. The TDIU claim is also inextricably intertwined with the issue of service connection.

The Veteran's lung disability is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the nature of any current lung disability and its relationship to service. The Department of Defense will also be requested to provide a dose assessment if it is determined that the lung disability is related to exposure to ionizing radiation in service.

The VA SORCC denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Sky Lakes Medical Center and Rogue Valley Medical Center from March 6, 2008 to April 9, 2008. The case is being remanded for further development.

The Veteran's service-connected bilateral knee disabilities, post-total knee replacement surgery, are currently rated at 60 percent each. The Board finds that the evidence supports these ratings as they reflect 'severe' symptoms of constant daily pain with significant impairment.

The Board finds that the Veteran's fatigue and malaise symptoms are manifestations of his service-connected anxiety, and thus appropriately compensated under the applicable rating criteria for a psychiatric disability. The claim for chronic fatigue syndrome is denied as there is no diagnosed condition such as chronic fatigue syndrome.

The Veteran's current eye disorder was not incurred in or aggravated by active service. The Board found no competent evidence linking the Veteran's decreased vision to his in-service symptoms and determined that there is no continuity of symptomatology since his active service.