Other conditions decisions — 2013

The Veteran's appeal for an initial compensable rating for her service-connected right shin splints was denied. The appeal for service connection for a right low back/gluteus disability, to include as secondary to service-connected right shin splints, was withdrawn by the Veteran.

The Board has determined that the Veteran's left eye blindness and enucleation are directly related to VA medical treatment, with reasonable doubt resolved in favor of the Veteran.

The Veteran's service-connected deep vein thrombosis of the left lower extremity was manifested by intermittent edema and aching pain, which were relieved by elevation. The criteria for a higher rating prior to March 21, 2013 have not been met.

The Board has remanded the appeal for additional development, including scheduling a VA examination to determine the etiology of the Veteran's left elbow disability and reviewing his eye disorder claim. The case will be returned to the Board after completion of these directives.

The Veteran's appeal is being remanded for additional development to obtain medical records and ensure compliance with previous orders.

The Board denied the Veteran's claim for service connection of a respiratory disability, including right hemidiaphragm paralysis, finding that it was not incurred or aggravated during his military service.

The Veteran's appeal was dismissed due to the death of the appellant during the pendency of the appeal.

The Veteran's service-connected residuals of right orchiopexy with epididymitis are rated at a 10 percent disability level on an extraschedular basis due to the severity and symptoms of his condition, including severe testicular pain.

The Board found that the evidence did not meet the criteria for reopening the claim of service connection for hypertension. The claims of service connection for anemia and cardiovascular disease were denied as there was no competent and credible evidence showing a current disability, in-service occurrence or aggravation of a disease or injury, and a nexus between an in-service injury or disease and the current disabilities.

The Board found that the Veteran's dysfunctional uterine bleeding preexisted service and was not aggravated by service, thus denying her claim for service connection.

The Board found that the Veteran's service-connected right epididymitis did not meet the criteria for a compensable rating under Diagnostic Code 7523, as there was no evidence of complete atrophy of either testicle.

The Board has determined that a waiver of recovery of an overpayment of death pension benefits in the amount of $22,049 is denied due to the appellant's bad faith in intentionally misrepresenting her marital status on multiple occasions since 1993.

The Veteran's claim for an initial compensable evaluation for his service-connected splenectomy and incisional hernia repair scars is being remanded due to the need for additional VA examinations, as well as the potential applicability of Diagnostic Code 7301 for evaluation of adhesions of the peritoneum.

The Board has determined that a remand is necessary to obtain an adequate VA examination and to ensure all pertinent records are associated with the claims file.

The Veteran's claim for a compensable evaluation for residuals of right hand fracture is denied as the condition does not meet the criteria for a higher rating under VA rating schedule.,The Veteran's claim for an initial evaluation higher than 10 percent for patellofemoral pain syndrome, right knee, is denied as there is no evidence of additional functional loss due to pain or other factors that would warrant such a higher rating.

The Board has determined that the Veteran is entitled to a waiver of his overpayment due to being a fugitive felon during the period in question, and that recovery would be against equity and good conscience.

The Board has determined that the appellant does not have qualifying active service as a member of the Recognized Guerrillas and therefore, is not eligible for benefits from the FVEC.

The Board has determined that new and material evidence has been presented to reopen the issue of the character of the appellant's discharge from military service, and as a result, the character of his discharge is no longer considered a bar to VA benefits.

The Board denied the veteran's claim for a one-time payment from the FVEC due to lack of qualifying service in the United States Armed Forces.

The Board denied the appellant's claim for legal entitlement to a one-time payment from the FVEC Fund due to lack of qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas in the service of the United States Armed Forces.