Other conditions decisions — 2013

The Board has restored the Veteran's original 20 percent evaluation for patellofemoral syndrome of the right knee, finding that the reduction from March 23, 2010 was improper due to inadequate examination reports.

The Veteran's death occurred before the enactment of the American Recovery and Reinvestment Act, making him ineligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's request for waiver of recovery of an overpayment in the amount of $16,350 was denied because it was not filed within 180 days after notification of the indebtedness.

The Board has decided that the Veteran's claim for payment or reimbursement of unauthorized medical services provided by Baptist Medical Center on May 3, 2010 must be remanded due to a failure to notify his attorney.

The Veteran's request for a waiver of recovery of an overpayment of Chapter 30 VA education benefits was denied as it was found that the waiver request was not timely submitted.

The Board has granted the Veteran's request for a waiver of overpayment in the amount of $3,000.00 due to unjust enrichment and undue hardship.

The Board has ordered additional development to determine the Veteran's periods of active duty, ACDUTRA, and INACDUTRA. The case will be readjudicated after this information is obtained.

The Board has determined that the Veteran's schizoaffective disorder likely had its onset during his active service and grants service connection for this disability.

The Veteran's service-connected paralysis of the left long thoracic nerve is currently manifested by subjective complaints of numbness and weakness, but does not more nearly approximate severe incomplete paralysis of the long thoracic nerve; therefore, a rating in excess of 10 percent is denied.

The Veteran's right femur disability has been rated at 30 percent since October 3, 2004. The appeal is denied as the evidence does not support a higher rating.

The Board has granted a 40 percent rating for the service-connected duodenal ulcer, effective from January 2004.

The Board found no additional disability as a result of the VA treatment in December 2004, and thus denied compensation under 38 U.S.C.A. § 1151 for gout affecting all joints, pancreas, and liver.

The Veteran's low back disability has been rated at 20 percent since November 25, 2002. The Board finds that the current evidence does not support an evaluation in excess of 20 percent.

The Veteran's residuals of adenocarcinoma of the prostate are currently evaluated at a 40 percent rating. The Board has determined that his disability picture more nearly approximates changing pads more than 4 times per day, warranting an increased to a 60 percent rating.

The Board denied service connection for insomnia and memory loss as due to undiagnosed illness or other qualifying chronic disability, finding that the Veteran's conditions were attributed to post-service diagnoses of dyssomnia, PTSD, and major depression.

The Board has remanded the case to comply with the Court's November 2012 memorandum decision, which requires VA to verify whether the U.S.S. Worden was within the inland waters of the Republic of Vietnam while the Veteran served aboard.

The case is being remanded for further development and examination to determine if the Veteran's multiple myeloma is related to his service, including chemical fume exposure and asbestos exposure. The Veteran will also be scheduled for a Board hearing.

The Veteran's appeal is being remanded for additional development, including obtaining all identified outstanding records of VA treatment and scheduling an appropriate VA examination to determine the nature and etiology of any diagnosed gout. The TDIU claim will also be remanded for further development.

The Veteran's left knee degenerative joint disease is currently rated at 10 percent, and her right ankle disability is also rated at 10 percent. Both conditions are considered 'direct' service connection.

The Board has determined that the Veteran's stomach disorder, diagnosed as gastritis and duodenal ulcer, is causally related to his military service. As such, the claim for service connection is granted.