Other conditions decisions — 2014

The Veteran's anal fissure status post anal fistulectomy has been rated at 10 percent, the lowest available rating. The Board finds that this rating is appropriate given the Veteran's symptoms of occasional moderate leakage.

The Veteran's recurrent left epididymitis with spermatocele has been characterized by episodes of pain requiring long-term drug therapy, and the Board finds that a 10 percent evaluation is warranted for this condition.

The Veteran's service with the Philippine Scouts from August 1946 to January 1949 is recognized. However, as the appellant died during the appeal process, the Board has no jurisdiction to adjudicate the merits of this claim.

The Veteran's service connection claim for throat cancer, presumed due to Agent Orange exposure during his Vietnam-era service in Thailand and Vietnam, is granted.

The Board has dismissed the appeal due to the Veteran's death, and no jurisdiction remains to adjudicate the merits of this claim.

The Veteran's appeal is being remanded for further development, including obtaining private treatment records and arranging a comprehensive VA examination to assess his employability due to service-connected disabilities.

The Board has determined that there was clear and unmistakable error in the March 1983 rating decision denying service connection for ankylosing spondylitis, and thus the claim is granted.

The Board has remanded the case for further development and readjudication due to issues raised in a Memorandum Decision by the United States Court of Appeals for Veterans Claims. Specifically, the Veteran's service-connected chronic venous insufficiency of the right lower extremity is being referred to the Director of Compensation and Pension Service for consideration of whether an extraschedular rating is warranted.

The Veteran's claims for increased ratings for superficial squamous cell carcinoma and basal cell carcinoma of the scalp, as well as laryngitis, were remanded by the Board. The VA Regional Office (RO) granted an increased rating of 30 percent effective July 3, 2012, for the service-connected conditions.

The Veteran's right elbow condition, including numbness and a snapping sensation, is at least as likely as not related to his in-service injury.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA facility on April 12, 2010 was denied as the claim was not filed within 90 days after discharge from the facility.

The Board has remanded the case for additional development, including obtaining VA VR&E records and a VA Form 21-8940. The TDIU claim will be reconsidered based on all newly acquired evidence.

The Veteran's claims for service connection of a head injury and fracture of the right inner ear were previously denied in September 1998. New evidence submitted since then does not provide new or material information to support these claims.

The Board found that the overpayment of $2,550.00 was not solely due to VA administrative error and thus is a valid debt.

The Veteran's claim for nonservice-connected disability pension benefits is granted as he meets the service requirements, has a combined rating of over 100%, and his income does not exceed the specified amounts.

The Board granted the Veteran's claim for SMC based on the need for aid and attendance effective November 10, 2004. The RO implemented this decision in January 2010.

The Veteran is found competent to handle disbursement of his VA benefits.

The Veteran is appealing the determination that an overpayment of VA disability compensation benefits was validly created. The case has been remanded to provide a clear accounting of how the $7955 overpayment was calculated.

The Veteran seeks reimbursement for medical expenses incurred on June 1, 2010. The case is being remanded to determine if the care was rendered in a medical emergency and if VA or other Federal facilities were feasibly available.