Other conditions decisions — 2013

The Veteran's countable annual income since August 1, 2005 exceeded the prescribed limit for entitlement to non-service-connected disability pension benefits.

The Board has remanded the case due to the need for additional records from VA and private providers, as well as a request for SSA disability records.

The Board found that the Veteran does not have left or right leg disabilities that were incurred in service or are otherwise related to a service-connected disability, including as secondary to his service-connected left ankle disability. The claim for service connection was denied.

The Veteran is entitled to a waiver of the assessed overpayment for means tested VA health care co-payments in the amount of $625.00 as recovery would be against equity and good conscience.

The Board has granted reopening of the claims for service connection for a spine disability and a skin disability. The reopened claims are addressed in the REMAND that follows the ORDER section of this decision.

The Veteran's gastrointestinal disability has not been manifested by symptomatology more nearly approximating moderate postgastrectomy syndrome, with less frequent episodes of epigastric disorders than seen in severe cases. Therefore, the claim for an increased rating is denied.

The Veteran's appeal has been dismissed as the appellant requested to withdraw their appeal.

The Board is remanding the claims for a lung disorder and atelectasis to obtain an addendum medical opinion addressing whether any lung disorder caused or aggravated a psychiatric disorder, as well as determining the likely etiology of any claimed lung disorder.

The Veteran's death was caused by VA hospital care, specifically the failure to use standard technological interventions for fall prevention. The Board found that VA failed to exercise the degree of care expected and granted DIC under 38 U.S.C.A. § 1151.

The Board denied the Veteran's claims for service connection for an eye disorder other than pterygium/pinguecula, cataracts, or diabetic retinopathy. The decision also addressed secondary service connection for any diagnosed eye disorders to include as due to diabetes mellitus, but did not reach a conclusion on this issue.

The Veteran's timely appeal for an initial disability rating in excess of 10 percent for the service-connected residuals of a CVA was not received within the required timeframe, leading to the denial of his claim.

The Board denied service connection for joint and muscle pain of the right hip, finding that there was no evidence of a chronic disability during service or since service. The Veteran's current symptoms are not related to his military service.

The Veteran's dysthymic disorder is currently evaluated at a 30 percent rating since July 23, 2012.

The Board found that the Veteran's current bilateral foot disorders were not incurred in or aggravated by active service and may not be presumed to have been.

The Board has granted an initial compensable rating of 10 percent for the Veteran's service-connected left varicocele, effective from the date of the September 2012 decision. The TDIU claim is also granted.

The Veteran's bilateral eye disability, including myopia, cataracts, and macular pucker, is being remanded for additional development to determine if it is related to in-service radiation exposure. The appeal was reopened based on new evidence.

The Board found that there is no evidence of current cold injury residuals in the Veteran's hands, and thus denied service connection for cold injury residuals of both hands.

The Veteran's right testalgia has been manifested by complaints of pain, but there is no evidence of gross hematuria, urinary tract infections, stones, renal problems, voiding problems (difficulty urinating, incontinence, slow stream, significant nocturia, dysuria, or other urinary symptoms), or penile, scrotal, testes or spermatic cord lesions. Therefore, the claim for an increased rating is denied.

The Board found that the Veteran does not meet the basic eligibility requirements for improved pension due to his service not falling within any qualifying period of war, and thus denied the claim.

The Veteran is seeking service connection for an intestinal condition, to include diverticulitis. The case has been remanded due to the need for a VA examination.