Other conditions decisions — 2012

The Board found that the Veteran's respiratory disorder is not related to service or his service-connected T6 compression fracture, and thus denied the claim for service connection.

The Board has dismissed the appeal as to an earlier effective date for the grant of service connection for PTSD because the Veteran did not file a claim seeking service connection in December 1978, and no such claim was raised by the evidence developed thereafter.

The Board found that the Veteran's chronic inguinal neuralgia was not caused by VA carelessness, negligence, or error in judgment. The condition is considered a foreseeable complication of surgery and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board found that the Veteran's residuals of tarsal tunnel release of the right foot was not incurred in or aggravated by active service or a service-connected disability, and thus denied the claim.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at McDonough District Hospital on January 7, 2006 is denied because the emergency treatment was not rendered in a medical emergency of such nature that a reasonable layperson would have thought delay was hazardous to life or health.

The Veteran's service-connected right great toe disorder was granted a 10 percent evaluation effective March 20, 2009. The Board found that the evidence did not support a compensable rating prior to this date and denied entitlement to an evaluation in excess of 10 percent since then.

The Veteran seeks service connection for a respiratory disorder, which he claims is related to his military service. The VA has remanded the case due to inadequate examination and incomplete medical records.

The Veteran's income exceeds the maximum annual limit for receipt of nonservice-connected disability pension with housebound benefits.,The criteria for special monthly pension based on need for aid and attendance have not been met.

The Veteran's appeal is being remanded for further development of the record, including obtaining additional VA and private medical treatment records, scheduling a VA examination if necessary, and considering entitlement to a TDIU under the provisions of 38 C.F.R. § 4.16(b).

The Veteran's appeal is being remanded for additional development, including obtaining pulmonary function test results and scheduling a VA examination to assess the severity of his lung disorders. The issue of entitlement to total disability based on individual unemployability due to service-connected disabilities will also be referred to the Director of Compensation and Pension Service.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection secondary to his service-connected sinusitis, finding that there was no evidence of VA treatment or causation.

The Veteran's claim for increased ratings for panic disorder is being remanded to the RO for further development and consideration under the rating criteria in effect before November 7, 1996.

The Veteran seeks service connection for lipomatosis, which he claims is related to his herbicide exposure during service. The Board has determined that a remand is necessary to obtain an adequate medical opinion regarding the relationship between the claimed condition and Agent Orange exposure.

The Board found that the Veteran does not have PTSD and denied service connection for schizoaffective disorder, alcohol dependence and polysubstance abuse. The claim was reopened on new evidence but service connection is still denied.

The Board has determined that the Veteran's macular degeneration disability was not incurred in or aggravated by active duty service nor was it caused or aggravated by service-connected disability.

The Veteran's service-connected residuals of a right tibia and fibula fracture (peroneal tendonitis) are rated at 20 percent, which is the maximum schedular rating available. The Board finds that his disability does not meet or approximate criteria for a higher rating under any applicable diagnostic code.

The Board has found that the Veteran's current neurological impairment of the hands, including positive Tinel's sign, decreased grip strength, and tremors, is service-connected. This disability was observed during active service and continues to persist post-service.

The Board found that the Veteran's arthritis of the left lower extremity did not manifest during or as a result of active military service, nor is it secondary to his service-connected residuals of a gunshot wound to the left leg.

The Board has remanded the Veteran's skin disability claim due to an inextricably intertwined diabetes claim, and will be reconsidered after resolving that issue.

The Veteran's vision loss, diagnosed as age-related macular degeneration, was not incurred during military service and is denied.