Other conditions decisions — 2013

The Board found that the Veteran's lumbar spine disability did not present an exceptional or unusual picture with marked interference with employment, and thus denied entitlement to an extraschedular rating.

The Board has reopened the Veteran's claim for service connection for a prostate disorder and granted it, finding that there is sufficient evidence to support the claim based on in-service treatment and chronic symptoms.

The Board has determined that the Veteran's chronic pericarditis is secondary to his service-connected myasthenia gravis. The issue of an increased rating for myasthenia gravis and a TDIU remains pending.

The Veteran has withdrawn his appeal regarding the issue of entitlement to waiver of overpayment in the amount of $2,338.00.

The Veteran's claim for an increased evaluation for PTSD is being remanded due to the need for additional development, including obtaining VA treatment records and a psychiatric examination.

The Veteran seeks reimbursement for emergency medical care provided at Sarasota Memorial Hospital on December 12, 2008. The VA Medical Center in Bay Pines denied the claim due to the point of stabilization being determined as December 11, 2008. The case is now remanded to determine if any recent changes to the regulations apply and to provide updated notice.

The Veteran's acquired bone spur of the right great toe was incurred in military service and granted.

The Board has determined that the Appellant does not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that the Veteran did not properly complete the VA Form 22-1990, effectuating an irrevocable election of Post 9/11 GI Bill benefits. As a result, the appeal is granted for this issue. The decision to limit the Veteran's Post 9/11 GI Bill benefits to seven days was improper; therefore, the appeal is also granted for this issue.

The Veteran's appeal concerns the revocability of his election to switch from MGIB (Chapter 30) benefits to Post-9/11 GI Bill (Chapter 33) benefits. The Board is unable to confirm that he was informed of and acknowledged the irrevocable nature of his election, necessitating further action.

The Veteran's claim for service connection for congestive heart failure was denied as there is no evidence of a chronic disease in service, and the condition is not related to military service or herbicide exposure.

The Board has remanded the case due to new evidence received after a previous denial, and a need for further medical examination.

The Board has remanded the case due to the need for additional development, including obtaining updated VA treatment records and arranging for a new opinion regarding the etiology of the Veteran's liver cancer.

The Veteran's epicondylitis of the right and left elbows was not rated higher than noncompensable from May 1, 2006 to May 12, 2011. Effective May 13, 2011, a rating higher than 30 percent for epicondylitis of the left elbow is granted.

The Board found that the Veteran's current genitourinary disability is not related to service, particularly his exposure at Camp Lejeune. The claim was denied.

The Board has granted the Veteran's claim for service connection for blepharitis, dry eye syndrome, styes, and bacterial keratoconjunctivitis. The conditions are found to be as likely as not related to his military service.

The Veteran seeks service connection for non-Hodgkin's lymphoma, which he claims is related to his military service and exposure to chemicals. The case has been remanded due to inadequate prior VA examination.

The Board has remanded the case to consider whether an overpayment of $14,476.70 can be waived based on equity and good conscience due to a lack of fraud or misrepresentation by the Appellant.

The Board has remanded the case for additional development due to an inadequate VA medical opinion regarding the cause of death. The appellant's claim will be reconsidered after this development.

The Veteran's diminished sensation of the right side of the face (trigeminal/fifth cranial nerve) is currently rated at 10 percent from October 12, 2012. The Board found that a higher rating was not warranted under Diagnostic Code 8205.