Other conditions decisions — 2013

The Veteran's appeal is remanded for additional examination and development of his claims, including a VA examination to assess the severity of his varicose veins in both legs. The TDIU claim is also remanded as it is inextricably intertwined with the increased rating claims.

The Board has determined that the Veteran's herpes simplex virus infection was acquired during his military service and grants service connection for this condition.

The Veteran's Barrett's esophagus and reflux esophagitis, resulting from the July 1987 VA Nissen fundoplication, are not considered to be additional disability due to VA treatment.

The Board has determined that further development of the evidence is needed before a decision can be rendered in this case, including obtaining medical records from various VA facilities and Camp Casey, South Korea. A VA examination will also be scheduled to assess whether any current right hip disorder or loss of sperm tubes condition had its clinical onset during active service.

The Veteran's claims for service connection for tingling/numbness in extremities, dysphagia and difficulty swallowing, and numbness in the pubic area were denied as these conditions are not related to his active duty.

The Board has remanded the case due to procedural issues and will determine if a VA medical examination is needed for the total disability rating claim.

The Veteran's overpayment of VA pension benefits was not the result of fraud, misrepresentation or bad faith on the part of the Appellant. However, repayment would not deprive her of basic necessities and there is no fault on the part of VA in creating the overpayment. The Board finds that recovery of the debt would not defeat the purpose of the VA pension program.

The Board has reopened the Veteran's claims for service connection for dry eyes and photophobia, as well as right eye traction retinal detachment. The evidence now shows that these conditions have been present since service and are related to undiagnosed illness due to military service in the Gulf War.

The Veteran's DJD of the left hip is manifested by full extension, abduction, adduction, external rotation, and internal rotation but a noncompensable limitation of flexion with pain throughout all planes of motion. The Board finds that his need for a cane as an ambulatory aid and left lower extremity shortening are due to nonservice-connected residuals of reconstruction left knee surgery following a postservice vehicular accident.

The Board found that a bilateral toenail fungus did not have its onset during active service and denied the Veteran's claim for service connection.

The Veteran's appeal is being remanded for additional development, including a VA examination to address the etiology of pelvic tilt and an evaluation of his service-connected low back disability.

The Board has determined that the appellant does not have qualifying service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The appellant's service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces is not verified by the National Personnel Records Center (NPRC). As such, the claim for one-time payment from the FVEC Fund is denied.

The case is being remanded to the RO for further action, including scheduling an in-person hearing before a Veterans Law Judge.

The Board has remanded the case due to incomplete medical records from Retina Consultants of Southwest Florida. The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being returned to the RO for additional development.

The Board has remanded the Veteran's claims for additional development due to a lack of an opinion regarding the etiology of his lower extremity neurological impairment.

The Veteran's appeal is being remanded to obtain a VA examination and determine the nature and etiology of his right leg disorder, including whether it is related to service. The other claims will be addressed at a future time.

The Veteran's claim for a higher rating for his thoracic spine disorder was denied. The RO increased the evaluation from 10 percent to 20 percent effective April 4, 2012.

The Board found that the Veteran's cataract surgery did not cause any additional disability, including retinal detachment or glaucoma.

The Veteran's claims for service connection for multiple joint psoriatic arthritis were granted with effective dates of June 16, 1998. The RO considered the evidence submitted within a year of the December 2002 decision and determined that it was new and material.