Other conditions decisions — 2013

The Veteran's stress fracture of the left foot is currently rated at 10 percent, but does not meet the criteria for a higher rating as it only results in moderate functional loss.

The Veteran's service-connected residuals of gastrectomy and vagotomy for duodenal ulcer are not productive of a disability picture consistent with severe postgastrectomy syndrome, severe symptoms due to duodenal ulcer, severe impairment of health due to symptoms, or an exception disability picture. Consequently, the criteria for a higher disability rating in excess of 40 percent have not been met.

The Board has remanded the case due to failure to provide proper notification of a scheduled videoconference hearing. The appellant's current address needs to be determined and a new hearing notification letter sent.

The Veteran's claim for service connection for a skin disorder, including as due to exposure to herbicides in Vietnam, is being remanded for additional development.

The Board has determined that the Veteran does not have a current lung disorder or bilateral foot disorder that is related to service, and thus denied both claims.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of his sinus disorder and generalized anxiety disorder.

The Veteran's appeal is being remanded for additional development, including securing VA treatment records and arranging for a medical examination to determine the nature of his right eye disorder(s) and their relationship to service.

The Veteran's initial claim for service connection was granted with an initial noncompensable rating. The RO later increased her rating to 10% effective October 13, 2010. However, the Board found that there is no evidence of limitation of motion or instability sufficient to warrant a higher rating.

The Veteran's claim for service connection for a left hand disability is being remanded due to the need for a new VA examination and etiology opinion. The current status of his condition, its relation to military service, and the assigned rating are yet to be determined.

The Veteran seeks service connection for HIV and penile condylomas. The RO must obtain relevant medical records, including those from BMC Millington and the Memphis & Shelby County Health Department, to determine if these conditions are related to his military service.

The Board has determined that the Veteran's bilateral ocular histoplasmosis syndrome, which resulted in central vision loss in his right eye and diminished vision in his left eye, is service-connected as it was incurred during military service.

The Veteran's skin disorder is being remanded for further examination and review due to the lack of service medical records. The case will be referred to VA's Under Secretary for Benefits if a skin cancer diagnosis is made.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for nerve damage and flu-like symptoms following bilateral fifth toe arthroplasties performed at a VA facility in January 2009. The Board finds that further development, including obtaining medical opinions, is necessary to determine the cause of any additional disability.

The Board has granted an increased award of DIC for the Veteran's surviving spouse based on her need for regular aid and attendance, as evidenced by her frequent falls and inability to protect herself from hazards.

The Veteran's post-treatment residuals of squamous cell carcinoma, including osteoradionecrosis, were found to be secondary to VA treatment and the lack of informed consent for an endotracheal intubation during a biopsy procedure. The Board granted compensation under 38 U.S.C.A. § 1151.

The Board found that the Veteran's actions did not constitute fraud, misrepresentation or bad faith. The Committee determined that the Veteran's actions were undertaken with intent to seek an unfair advantage and that he knew the likely consequences of nonpayment would result in foreclosure, with a resultant loss to the government.

The Board has determined that the Veteran does not have a current diagnosis of temporomandibular joint disorder and finds that it is not related to her military service, including as secondary to her service-connected cervical strain.

The Board has remanded the case due to inadequate consideration of prior authorization for non-VA medical care and failure to provide a supplemental statement of the case with proper citations to regulations.

The Veteran's left thumb disability, including both orthopedic and neurologic components, was rated at 20 percent effective October 16, 2012. Prior to that date, a compensable rating was not warranted.

The Board has determined that the Veteran's current low back disability is not related to his active service, and therefore, he does not meet the criteria for service connection.