Other conditions decisions — 2012

The Veteran is seeking service connection for his central retinal vein occlusion (CRVO) and left eye vision loss, which he claims are due to his service-connected major depressive disorder and/or erectile dysfunction. The Board has ordered additional medical inquiry into these theories of entitlement.

The Board finds that the Veteran does not have a right eye disability, including diabetic retinopathy and pseudophakia due to cataract removal, due to disease or injury incurred in service. Refractive error is not considered a disease or injury for VA compensation purposes.

The Board has remanded the case for additional development, including a VA examination to determine the etiology of the Veteran's claimed benign tumor of the right leg and whether it was aggravated by service.

The Board denied the Veteran's claims for higher ratings for his service-connected right and left hallux valgus, finding that the maximum schedular rating of 10 percent was appropriate.

The Veteran's total left hip arthroplasty is not service-connected as it occurred after his military service and there was no evidence of a pre-service or in-service injury. The claims for right and left knee disabilities, as well as hepatitis C, were reopened based on new evidence but the claims remain denied.

The Veteran's claims for service connection for vision loss and TDIU are being remanded due to the need for additional development of his records from SSA, State of Indiana, and Dr. Creboe.

The Board finds that the termination of VA compensation benefits due to a fugitive felon status from February 15, 2006, to April 3, 2006 was improper and restores such benefits.

The Veteran's claim for SMC based on loss of use of the right hand is being remanded due to inadequate medical opinion and incomplete treatment records.

The Veteran's widow died in August 2006 and was awarded nonservice-connected death pension benefits. The appellant, the widow's niece, filed a claim for accrued benefits to cover funeral and burial expenses of her aunt. After returning two uncashed VA checks from the widow, the appellant received $601.00 in accrued benefits. The Board found that only $601.00 was available to reimburse the appellant for her expenditures on behalf of the Veteran's widow.

The Board has granted service connection for residuals of a fracture to the left fifth toe effective from August 31, 1994. The Veteran's claim was denied previously due to lack of STRs showing a left toe injury, but later received STRs dated in August 1950 that confirmed his claim.

The appellant's service in the Philippine Commonwealth Army, including recognized guerrillas, was not verified by the National Personnel Records Center (NPRC), leading to a denial of his claim for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service in the United States Armed Forces.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II and therefore is not eligible for benefits under the Filipino Veterans Equity Compensation Fund.

The Veteran's claim for service connection for left ear otitis externa is denied, while her right ear otitis externa claim is granted. The Board found that the evidence supports a grant of service connection for right ear otitis externa.

The Veteran's appeal is remanded to the RO for additional development, including obtaining medical records and arranging for a VA examination. The claim will be re-adjudicated after these actions.

The Veteran's unauthorized medical expenses incurred on May 3, 2006 were denied as the care was deemed non-emergent and VA facilities were feasibly available.

The Board has restored a separate, protected 10% rating for bilateral conjunctivitis but denied an increased rating for the Veteran's service-connected blepharoconjunctivitis with chronic lid changes.

The Veteran's service-connected residuals of left mandible fracture, status post open reduction/internal fixation with resultant TMJ dysfunction are currently evaluated at a 10 percent disability rating. The Board found that the current evaluation is not adequate to reflect his current level of disability.

The Board has remanded the case for additional development, including a VA examination and consideration of new evidence. The Veteran's claim for service connection for malaria is now pending before the RO.

The Veteran's bilateral shin splints and compartment syndrome have been rated at 10 percent since the appeal period began, with no higher rating granted due to the current level of disability.