Other conditions decisions — 2013

The Board has remanded the case for further development due to inconsistencies in the Appellant's service status and eligibility for VA disability benefits.

The Board has determined that the Veteran's postoperative residuals of bilateral inguinal hernias do not meet the criteria for a disability rating higher than 10 percent.

The Veteran's right eye pterygium was evaluated, but did not meet the criteria for a compensable evaluation as his vision remained at least 20/30 after correction with glasses.

The Veteran's service was verified, but it did not include any wartime service. Therefore, the claim for nonservice-connected death pension benefits is denied.

The Board has denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Cumberland Medical Center on February 9, 2008.

The Board has determined that the claim should be remanded to clarify whether the Veteran's treatment at a non-VA facility on January [redacted], 2010, was authorized by VA and if not, whether he had coverage from any other entity or feasible VA/other Federal facilities. A medical opinion will also be obtained regarding the nature of the emergency treatment.

The Veteran's appeal is being remanded to allow for the submission of missing evidence related to medical expenses, which may affect his eligibility for nonservice-connected pension benefits.

The Board found that the evidence received since the April 2004 rating decision is not new and material, thus denying the request to reopen the claim for service connection for a low back disability.

The Board finds that the Veteran's pre-existing lung disability, which was diagnosed as chronic bronchitis prior to his military service, did not worsen during active duty. However, there is evidence suggesting that an in-service episode of pneumonia may have contributed to the worsening of the Veteran's current lung condition.

The Board finds that the Veteran does not currently have a gastrointestinal disability which began during his military service, and thus denies direct service connection for a gastrointestinal disability. The issue of secondary service connection for gastrointestinal disability due to alcohol abuse secondary to PTSD is addressed in the REMAND portion.

The Board denied the Veteran's claims for restoration of 20 percent ratings for arthritis of his right and left knees, as well as for a rating in excess of 10 percent for limitation of motion of these knees. The decision is based on the improvement in stability found during recent examinations.

The Board found no evidence of any disability resulting from Agent Orange exposure and denied the Veteran's claim.

The Board finds that the appellant and the Veteran were married in common law for at least one year prior to the Veteran's death, qualifying her for VA death benefits.

The Board has determined that the Veteran's gallbladder disorder and Barrett's esophagus are not related to his military service, including exposure to ionizing radiation. The evidence does not support a finding of service connection for these conditions.

The Board found that the Veteran's infections of the left hip were not caused by VA carelessness, negligence, or error in judgment. Therefore, his claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Veteran seeks service connection for left leg varicose veins and venous insufficiency, which he claims are related to a deep vein thrombosis diagnosed in December 1997. The Board has determined that VA should provide the Veteran with a VA examination as there is an indication the disabilities claimed may be related to service but insufficient competent medical evidence to make a decision on the two claims.

The Board has remanded the case for additional development, including obtaining a VA examination and an addendum opinion regarding the Veteran's skin disorder of the feet. The examiner should consider the Veteran's reported exposure to damp conditions during service.

The Veteran does not have an eye disorder that was incurred in or aggravated by active military service, and the Board finds no evidence to support a secondary relationship between his current eye disability and his service-connected diabetes mellitus.

The Veteran's onychocryptosis of the left great toe is related to service and has been present since filing his claim, thus granting him service connection for this condition.

The Board found that the Veteran did not sustain multiple shell fragment wounds during service and denied his claims for service connection.