Other conditions decisions — 2012

The Board found that the evidence did not reflect that justice required an assignment of a higher rating for service-connected Crohn's disease on an extraschedular basis, and thus denied the Veteran's claim.

The Board has determined that the Veteran's rumination syndrome warrants a 10% rating since November 18, 2008. Prior to this date, the disability was rated as noncompensable.

The Veteran's costochondritis, manifested by moderate to moderately severe inflammation of the costochondral junction in the sternum area, is rated at 10 percent prior to February 13, 2012.

The Veteran's chronic diarrhea was found to be incurred in service and granted service connection. The issue of TDIU remains pending as the RO failed to follow remand instructions.

The Board found that the Veteran's current gynecological conditions are unrelated to her in-service chlamydia infection and denied service connection for residuals of an STD.

The Board finds that the overpayment of $62,871.13 was improperly created due to the Veteran's outstanding felony warrants and thus invalidates it. The appeal is granted as the overpayment is not valid.

The Board found that the appellant knowingly made false statements regarding her marital status, leading to a forfeiture of benefits. The decision was based on evidence showing she lived with and had children by another man after claiming to be unmarried.

The Veteran's claim for service connection for aortic stenosis is being remanded due to the failure of the Veteran to appear at his scheduled videoconference hearing. He will be given another opportunity to present his case.

The Board has remanded the case due to insufficient examination and a need for further development, including scheduling a VA skin examination. The Veteran is presumed exposed to burn pits during his service.

The Veteran's appeal is remanded for further medical development to determine appropriate increased ratings for his wrist disabilities.

The Board dismissed the Veteran's appeal because a timely substantive appeal was not filed within the required time frame.

The Veteran's anemia is stable with hemoglobin readings ranging from 12.5 to 13.6, which do not meet the criteria for a compensable evaluation.

The Veteran's bilateral hydroceles and epididymal cyst on the right testicle have not required long-term drug therapy, 1-2 hospitalizations per year, or intermittent intensive management. Therefore, a compensable rating is not warranted.

The Board has determined that the Veteran's cholangiocarcinoma, which caused his death, was likely caused by ingesting a parasite during his service in Vietnam. Given all the evidence and considering all reasonable doubt in favor of the claimant, the Board grants service connection for the cause of the Veteran's death.

The Veteran's loss of sense of smell has been rated at the maximum schedular evaluation (10%) since August 19, 2009. The Board finds that this rating is appropriate given the severity and symptomatology of his condition.

The Veteran's request for back travel mileage reimbursement was denied due to failure to timely file a substantive appeal. The case is being remanded for further action.

The Board found that the Veteran's additional disability of the spleen, liver, and gall bladder was not caused by VA treatment with ibuprofen and Tylenol #3.

The Veteran's surgery on February 9, 2009 was not due to an emergency and therefore does not meet the criteria for reimbursement of unauthorized medical expenses incurred at a non-VA facility.

The Board has determined that the Veteran does not have a diagnosed liver disease or blood disorder, and thus cannot establish service connection for these conditions. The claim for compensation under 38 U.S.C.A. § 1151 for right kidney damage and/or liver damage due to VA treatment is also denied.

The Board has determined that the Veteran's hiatal hernia was not present in service or manifested until years after service, and no currently present hiatal hernia is etiologically related to service. Therefore, the claim for service connection for a hiatal hernia must be denied.