Other conditions decisions — 2013

The Veteran's claim for reimbursement of private medical expenses incurred from August 6 to August 14, 2009 was denied as the treatment provided did not meet the criteria for emergency services or continued medical emergencies.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund because his service was not verified by the appropriate United States service department, and he did not provide the required Form 23 to verify his service.

The Veteran's anoxic encephalopathy with residual impairment of cognitive and cerebral functions is currently rated at 40 percent, effective March 17, 2011. The claim for a higher rating remains granted.

The Veteran's service-connected residuals of shell fragment wounds to the right hand and right index finger, as well as the left arm, are denied. The Veteran is granted service connection for residuals of a shell fragment wound to the left side of head.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's current right eye angle recession is related to his period of service, and thus grants service connection for this condition.

The Veteran's right pectoral muscle disability was rated at the highest schedular rating (40%) since August 25, 2011. The other disabilities were not rated higher.

The Veteran's request for CHAMPVA benefits is being remanded to the Department of Veterans Affairs Health Administration Center for further action, including scheduling a videoconference hearing.

The Veteran's cervical spine disability has been characterized by pain and limited range of motion, but forward flexion of the cervical spine is limited to 15 degrees or less. The criteria for a rating in excess of 20 percent have not been met.

The Board has ordered a remand to obtain an updated VA examination and opinion regarding the Veteran's skin disorder of the fingers. The appeal is currently in remanded status.

The Veteran's intervertebral disc syndrome is currently rated at 10 percent, and the Board finds that a higher rating is not warranted. The radiculopathy of the right lower extremity has been rated as 20 percent disabling since April 18, 2013, but no higher. The depressive disorder remains rated at 30 percent.

The Veteran's Dupuytren's disease and residuals of excisions of benign nodules of the knuckle pads of the hands are manifested by subjective complaints of pain and objective evidence of some limitation of motion, but there is no objective evidence of arthritis or compensable limitation of motion. The criteria for an increased (compensable) rating have not been met.

The Board has granted the Veteran's claims for service connection for chronic sinusitis as a residual of a nose injury and/or deviated septum on the left, and for depression as secondary to his chronic sinusitis.

The Veteran's shell fragment wound of the left leg, Muscle Group XI is currently rated at 10 percent and does not warrant a higher evaluation. The PTSD claim has been granted with an initial rating of 50 percent effective May 5, 2006, but no further increase in disability rating is warranted.

The Board has determined that the creation of the overpayment was valid, and granted a partial waiver for the remaining debt.

The Veteran's appeal for an increased disability rating for his service-connected basal cell carcinoma was denied by the Board of Veterans' Appeals.

The Board found that the appellant's scoliosis existed prior to service and was not aggravated by service beyond normal progression, thus denying his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing a supplemental opinion regarding the cause of his eye disorder. The effective date issue will also be addressed.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of qualifying service, as determined by the National Personnel Records Center (NPRC).

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for an intervertebral disc disorder, but has not reached a decision on whether the underlying claim should be granted.

The Veteran's request for retroactive induction into a program of service to complete medical school training at the University del Noreste in Tampico, Mexico, between 1993 and 2001 was denied as he did not meet the criteria for entitlement to vocational rehabilitation benefits and services under VA regulations.