Other conditions decisions — 2014

The Board has determined that the Veteran's current right knee disability, diagnosed as patellofemoral syndrome, patellofemoral chondromalacia, and chronic retropatellar pain syndrome, is related to his in-service fall and finds service connection warranted.

The Board finds the Veteran's August 2010 VA Form 9 substantive appeal was timely filed, as she did not receive the November 2009 statement of the case until July 2010.

The Board has decided to remand the case for further development and consideration of the validity of the debt, as well as the waiver claim. The Veteran's complete Vocational Rehabilitation/Education File must be associated with the virtual appellate record.

The case is being remanded for the consideration of whether there was clear and unmistakable error in a prior rating decision regarding the effective date of a total disability rating based on individual unemployability. The appellant's claim for DIC benefits under 38 U.S.C. § 1318 will be reconsidered.

The Veteran's appeal is being remanded for additional development, including obtaining records of any VR&E appointment scheduled in April 2012 and participation in other VA educational assistance programs.

The Veteran's claims for increased ratings for bilateral metatarsalgia of the feet and residuals of a healed fracture of the left hand were denied as his conditions did not meet the criteria for higher disability ratings under the applicable VA rating schedule.

The Veteran's unauthorized medical expenses incurred at St. Elizabeth Medical Center from September 28, 2010 to October 11, 2010 are granted as the evidence supports that he was in a continued medical emergency and no VA facility was feasibly available for transfer.

The Veteran's application for Chapter 30 education benefits was received after the expiration of his eligibility period, and he did not request an extension. The Board finds that he does not meet the criteria for any exceptions to the 10-year eligibility rule.

The Board has determined that the Veteran's claimed conditions, PAD of the bilateral upper and lower extremities and ED, are not service-connected.

The Board has determined that the Veteran's service connection claim for residuals of a back injury with associated left-sided numbness is granted, as there is sufficient evidence to support the conclusion that his current disability was incurred during military service.

The Veteran's inpatient hospitalization at St. John's Hospital from November 5-10, 2008 was not authorized by VA and the services received were deemed unauthorized. The Board found that payment or reimbursement for these expenses is denied as they did not meet the criteria set forth under 38 U.S.C.A. § 1728.

The Veteran's currently diagnosed HPV infection had its onset during military service, and the Board has determined that the criteria for service connection are met.

The Board finds that the Veteran's Lewy body disease is at least as likely as not related to his in-service exposure, given its close relationship to Parkinson's disease for which presumptive service connection is warranted.

The Board has determined that the Veteran does not have a diagnosed eye disorder related to service or secondary to his service-connected diabetes mellitus. The Board also found no evidence of cataracts being related to service.

The Board has decided to remand the case for further development, including a VA examination and opinion regarding the Veteran's right elbow disability.

The Veteran's cardiovascular disability has been characterized as residuals of a radiofrequency ablation with an atrioseptal defect and tricuspid regurgitation. The VA denied her request for an initial rating in excess of 10 percent, finding that the evidence did not show a workload capacity of greater than 5 but less than 7 METs or cardiac hypertrophy/dilation.

The Board has determined that the Veteran's MDS is related to service and grants service connection for this condition.

The Veteran's pension benefits were terminated due to his status as a fugitive felon, resulting in an overpayment of $76,010.00. The Board found that recovery would be against equity and good conscience, thus granting the waiver.

The Board has granted the appellant's claim for recognition as the Veteran's surviving spouse, allowing her to receive VA benefits.

The Veteran is seeking service connection for chronic venous insufficiency and bilateral lower extremity edema, which he claims are secondary to his service-connected diabetes mellitus. The appeal also includes a request for TDIU. These issues have been remanded due to the need for a hearing before the Board.