Other conditions decisions — 2014

The Veteran's total abdominal hysterectomy, which included removal of only one ovary, is currently rated at 30 percent. The Board finds that a higher rating is not warranted as the evidence does not show removal of both ovaries and uterus.

The Board has determined that the Veteran's left eye cataract, status post cataract and lens removal is due to his military service.

The Veteran's claim for service connection for fatigue, as due to an undiagnosed illness, is denied. The Board finds that there is no current evidence of a diagnosed disability and the Veteran has not provided any medical treatment or documentation related to his claimed fatigue.

The Board found that the treatment received at Halifax Medical Center on September 4, 2009 was not for a medical emergency of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health. Therefore, the claim will be denied.

The Veteran's claim for an earlier effective date for the award of additional dependency compensation benefits for his children has been granted. The claim for waiver of recovery of overpayment of dependency compensation benefits in the amount of $2,742.27 is pending and will be adjudicated by the Committee on Waivers and Compromises.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a comprehensive medical examination to assess the impact of his service-connected disabilities on employment, and scheduling an eye examination.

The Veteran's daughter is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund as she does not meet the eligibility criteria.

The Veteran's death occurred before the enactment of the American Recovery and Reinvestment Act, which established a one-time payment fund for veterans who served in the Philippines during World War II. As the Veteran did not file a claim prior to his death, the appellant is not eligible for benefits under this fund.

The Board has remanded the case due to the need for additional development regarding the validity of the appellant's divorce from the Veteran, including a review of Louisiana law.

The Veteran died from nonservice-connected causes and was buried shortly after death. The appellant filed a claim for nonservice-connected burial benefits more than two years after the burial, which is outside of the prescribed filing deadline. Therefore, the claim is denied.

The Board found that the overpayment in question was not properly created due to administrative error, and thus granted the Veteran's appeal.

The Board found that the Veteran's service-connected BPH did not warrant an initial disability rating in excess of 10 percent, as his symptoms were primarily due to his nonservice-connected prostate cancer and surgery.

The Veteran's income has exceeded the maximum limit for payment of VA nonservice-connected pension benefits, and his claim is denied.

The Veteran's claim for a compensable rating for residuals of a right inguinal herniorrhaphy to repair a femoral hernia was denied, as the evidence did not show that his current disability required use of a truss or supporting belt. The claim for a temporary total rating due to convalescence following surgery to repair nonservice-connected ventral hernias was also denied.

The Veteran's claim for an initial compensable rating and a higher rating for right leg varicose veins is being remanded due to the need for further development.

The Board denied the Veteran's claims for service connection for uterine damage and stomach pain, finding that there was insufficient evidence to support her claims.

The Board has remanded the case for further development and readjudication due to inconsistencies in the Veteran's claims file regarding his headaches.

The Board has determined that the Veteran does not have a current left hip disorder and therefore, service connection for this condition cannot be granted.

The Veteran's right upper extremity disability, characterized by intraneural injection with causalgia of the median nerve, has been rated at 70 percent since December 13, 2010. The effective date for a TDIU is set to June 18, 2009.

The Veteran's claims for service connection for vision impairment, right arm numbness, and an initial evaluation higher than 20 percent for diabetes mellitus type II have all been denied. The Board found that there was no current diagnosis of a right arm disorder underlying the Veteran's right arm numbness.