Other conditions decisions — 2012

The Veteran's right hip disability was found to have moderately severe residuals of weakness, pain, or limitation of motion since December 1, 2009. The claim for increased rating is denied.

The Board is remanding the case to obtain additional medical records and provide updated VCAA notice. The Veteran's claim for service connection for left eye conjunctivitis and chalazion will be reconsidered based on the new evidence.

The Veteran's appeal is being remanded to obtain additional medical records and conduct a VA examination. The goal is to determine if the Veteran's current chronic back strain disability is related to his military service.

The Board denied the Veteran's claims for higher initial disability ratings for his service-connected left hip, right hip, and lumbar spine disabilities. The claim for a compensable rating for bilateral hearing loss was also denied.

The Board has granted service connection for a psychiatric disorder, finding that the Veteran's pre-existing condition was aggravated by his military service. However, basic eligibility for VA nonservice-connected pension benefits is denied.

The Veteran died from a crush injury, but there is no evidence that his service-connected respiratory disorder contributed to his death. The Board finds the appellant's claims unsupported by credible evidence.

The Board found no evidence of asbestos exposure in service and denied the Veteran's claims for a pulmonary disorder and an initial compensable rating for right eye cataract.

The Veteran's gastric perforation and splenectomy resulting from VA treatment for a triple CABG on June 6 - 8, 2003 were not the result of carelessness, negligence, lack of proper skill, error in judgment or some other incident of fault on the part of the VA.,The Veteran's gastric perforation and splenectomy resulting from VA treatment for a triple CABG on June 6 - 8, 2003 were not reasonably foreseeable.

The Veteran's appeal is being remanded for additional development of the record, including scheduling a VA examination by a physician with training in matters involving head injuries/traumatic brain injury. The claim will be readjudicated and may consider whether an increased evaluation might be warranted under any other diagnostic code or if an extraschedular evaluation is warranted.

The Veteran's claim for an initial compensable rating for left varicocele was denied, and his TDIU claim was also denied. The Board found that the evidence did not support a compensable rating for the left varicocele due to lack of objective findings supporting daily use of absorbent materials or other disabling symptoms.

The Veteran's overpayment debt was created due to his incarceration for a felony conviction, and recovery of the debt is valid. However, given the fault on both sides, the lack of undue hardship, and the purpose of the benefits program, the Board denied waiver of the overpayment.

The Board has determined that the Veteran's bilateral patellofemoral pain syndrome does not warrant a rating higher than 10 percent, considering his reported symptoms and objective examination findings.

The Veteran seeks service connection for an acquired psychiatric disability, other than posttraumatic stress disorder (PTSD). The Board has remanded the case due to the need for a VA examination and consideration of additional lay evidence submitted by the Veteran.

The Board has remanded the case due to the need for additional development, including obtaining SSA records related to the appellant's claim as the Veteran's surviving spouse.

The Veteran's request for a waiver of overpayment of VA pension benefits in the amount of $26,524 was denied because it was not made within the required 180-day period following notification of the overpayment.

The Veteran withdrew his appeal regarding the issues of entitlement to service connection for a skin disorder and arthritis, to include as secondary to a service-connected disorder.

The Board found no clear and unmistakable error in the August 25, 1959 rating decision that assigned a noncompensable evaluation for the Veteran's residuals of a laceration of the right ring finger. The decision was based on correct facts as they were known at the time and correctly applied regulatory provisions.

The Veteran's allergies were not incurred or aggravated by military service. The Board found the evidence to be against a finding that his pre-existing condition worsened during service.

The Veteran seeks service connection for bilateral leg and hip disabilities, including right leg pain and numbness, left leg pain and numbness, left hip pain, and right hip pain. The appeal is remanded due to the need for additional development, including a VA examination.

The Veteran's Crohn's disease has resulted in severe symptoms including daily abdominal pain, vomiting, and diarrhea, with frequent exacerbations every six to eight weeks. The VA examiner found the condition to be currently under better control but still causing significant impairment.