Other conditions decisions — 2013

The Veteran's right hip disability is rated at 40 percent under the schedular criteria, and the Board has determined that an extraschedular rating is not warranted. The claim for a TDIU remains pending.

The Board has granted the appellant's request for a hearing and will consider her appeal to reimburse her for the certified nursing assistant course taken from August 22 to September 9, 2011.

The Board has granted a higher rating of 20% for the Veteran's deep vein thrombosis (DVT) from October 18, 2007 to December 18, 2008. Since then, the DVT is rated at 10%. The Veteran previously had a 10% rating since December 29, 2005.

The Board found that the Veteran's additional disability of dry left eye was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. The Board concluded that the deviation from regulatory requirements for informed consent was a minor immaterial deviation.

The Board found that there was no evidence linking the Veteran's current cognitive disability to his service, including any head injuries sustained in service. The cognitive impairment is more likely related to a cardiac arrest and subsequent anoxic brain injury in 2001.

The Veteran's appeal is being remanded for clarification of the effective date for the grant of service connection for sensory urgency of the bladder, and for issuance of a statement of the case regarding whether there was clear and unmistakable error in the March 1999 rating decision denying service connection for urethritis.

The Veteran's service-connected postoperative right inguinal hernia with ilioinguinal nerve involvement is currently rated at the maximum schedular rating of 10 percent. The Board finds that there are no additional factors warranting a higher rating, as his disability does not result in marked interference with employment or frequent periods of hospitalization.

The Board has ordered a remand to obtain an opinion regarding the etiology of the Veteran's ulcerative colitis, including whether it is related to service or secondary to his service-connected hemorrhoids. The case will be returned for further development and readjudication.

The Veteran's TDIU claim was denied due to his failure to report for a scheduled VA examination without good cause. As the claim is an increased-rating claim, it falls within the purview of the regulation requiring summary denial in cases where the scheduled examination was in conjunction with such claims.

The Veteran's abdominal adhesions, secondary to her reoperative c-section, are manifested by sporadic severe pain on at least a weekly basis that does not respond well to regular pain relievers and will likely require future surgical intervention. The Board has determined that the criteria for a 30 percent disability rating have been met since August 13, 2005.

The Board denied the appellant's claims of entitlement to service connection for residual gynecological disabilities, including endometriosis and a hysterectomy with bilateral oophrectomy. The examiner found no evidence linking these conditions to in-service treatment or medications.

The Veteran's left eye maculopathy with pain and visual field impairment was granted a 20 percent evaluation effective July 27, 2007.

The Board has determined that the Veteran's service-connected permanent collapse of the left lung does not warrant a rating in excess of 50 percent, and thus denied his claim for an increased disability rating.

The Board found that the Veteran's left eye vision loss and macular degeneration are not related to his service-connected pterygium, but rather due to natural progression of age-related conditions. The claim for secondary service connection was also denied.

The Veteran's service-connected residuals of cellulitis in the right hand do not meet the criteria for a compensable evaluation under the applicable rating schedule.

The Board found that the appellant's discharge from active military service was under other than honorable conditions due to AWOL for 989 days. As this constitutes a bar to VA benefits, including loan guaranty eligibility, the appeal is denied.

The Board denied the Veteran's requests to reopen his claims for service connection for residuals of cold weather injuries to the hands and feet, finding that no new and material evidence had been submitted.

The Veteran's gastritis has been manifested by a submucosal lesion since the filing of his claim on January 30, 2008. The Board finds that he is entitled to a higher 10 percent rating for this condition.

The Veteran's claim for non-service connected pension benefits was denied because he did not have active service during a period of war, and his dates of service were determined to be from December 1956 to December 1958.

The Veteran's claim for an initial rating in excess of 10 percent for remote fracture of the right great toe with residual degenerative joint disease was denied. The disability is currently rated at 10 percent under Diagnostic Code 5284.