Other conditions decisions — 2013

The Veteran's prostate disability was rated as noncompensable prior to October 17, 2006. From October 17, 2006 to October 16, 2012, the disability was rated at 10 percent. Since October 16, 2012, it has been rated at 40 percent.,The Veteran's prostate disability is characterized by voiding dysfunction with daytime intervals between two and three hours and night time intervals of two to three times per night from October 17, 2006 to October 16, 2012. Since October 16, 2012, the disability manifests as a daytime interval of once or twice per hour with five or more nighttime voiding episodes and urine leakage requiring absorbent materials changed less than two times per day.,The Veteran's prostate disability is characterized by obstructive symptoms such as urinary frequency (daytime intervals between one to two hours) and nocturia (awakening to void three to four times per night). Since October 16, 2012, the disability manifests with a daytime interval of less than one hour and five or more nighttime voiding episodes.

The Board has granted the initial disability rating of 40 percent for atrophy of the right trapezius muscle, which is the maximum schedular rating available under Diagnostic Code 5301. The effective date remains unchanged as it was assigned upon service connection.

The Board finds that a back disability was not present until more than one year after the Veteran's discharge from service and is unrelated to his active service. The only medical opinions on the question of etiology are against the claim.

The Veteran's appeal has been dismissed as he withdrew his claim for service connection for left leg numbness.

The Veteran's PTSD is rated at 70 percent effective March 15, 2013. He was previously granted a 50 percent rating from January 8, 2009 to March 14, 2013.

The Veteran's service-connected mood disorder is currently rated at 30 percent, and the Board finds that this rating adequately reflects his current level of disability.

The Board denied the Veteran's claims for service connection for arthritis and an initial rating in excess of 10 percent for anxiety disorder prior to May 20, 2009. The Veteran's anxiety disorder was found to have been manifested by symptoms such as anxiety, difficulty with focus, GAF scores of 65, suspiciousness, panic attacks, sleep impairment, and memory loss, which did not meet the criteria for a higher rating.

The VA Board found that the appellant's residuals of a rectal fistula are manifested by occasional involuntary bowel movements and slight leakage, warranting a rating of 30 percent.

The Board found no evidence of a pre-existing condition and denied service connection for late onset cerebellar degeneration as the Veteran's current disability did not manifest within one year of separation from active duty.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses for services rendered at Southern Tier Plastic Surgery Associates on June 26, 2007 is denied as the treatment was not in an emergency situation and no VA facility was feasibly available.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund as she did not meet the requisite legal requirements for obtaining such benefits.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected low back disability and determine if there are any associated neurologic abnormalities or incapacitating episodes. The case will be returned to the Board for further review.

The Veteran has withdrawn his appeal for the issue of entitlement to a special home adaptation.

The Board has remanded the case due to incomplete records and a need for a VA medical opinion regarding service connection for squamous cell carcinoma of the neck with metastasis, including as due to herbicide exposure. The Veteran's claim will be reconsidered after these actions.

The Veteran's bowel condition is found to be related to his service-connected multiple sclerosis, and he is granted service connection for this secondary condition.

The Veteran's appeal is being remanded for additional development, including a new examination to assess the severity of his incisional hernia repair and its impact on employment.

The Board has determined that the Veteran's furunculosis, which affects more than 20 percent but not greater than 40 percent of his entire body, warrants a 30 percent disability rating for the entire increased rating period.

The Board denied an increased apportionment of the Veteran's compensation benefits on behalf of his children B.S. and T.S., finding that granting such would cause undue hardship to the Veteran.

The Veteran's ex-spouse is not eligible for apportionment of the Veteran's service-connected disability compensation benefits as their dependent relationship was severed upon divorce.

The Veteran's appeal is being remanded for additional development to determine the relationship between his current vascular disorders and service, as well as the severity of his service-connected residuals of a deviated septum, to include sinusitis.