Other conditions decisions — 2014

The Veteran's pseudarthrosis at L4/L5 and disc herniation above the level of fusion were caused by VA lumbar spine surgery in July 1978, which was not due to negligence or lack of proper skill on the part of VA. The Board found that a reasonable person would have proceeded with the surgery despite knowing about potential complications.

The Veteran's right hand fracture resulted in painful motion but did not meet the criteria for a higher rating. A 10 percent disability rating is granted effective February 25, 2013.

The Veteran's mood disorder is currently rated at 70 percent disabling, effective December 2006. The rating reflects significant occupational and social impairment.

The Board has determined that the Veteran's vision disability is a developmental defect for VA purposes and not a disease or injury, thus service connection is denied.

The Board has determined that the Veteran's liver disorder is at least as likely as not aggravated by his service-connected diabetes mellitus, and thus grants secondary service connection for the liver disorder.

The Veteran's application for enrollment in the VA healthcare system was previously denied. The claim must be remanded to obtain missing records and recalculate income, ensuring they exceed the income limitations.

The Veteran's claims for higher ratings for his chondrocalcinosis and arthritis of the left and right knees have been denied as there is no evidence showing that these conditions meet or approximate the criteria for a rating greater than 10 percent.

The Veteran's income for the year 2010 was below the threshold required to pay a copayment, thus he is eligible for treatment in the VA healthcare system without a co-payment requirement from January 10, 2011 to January 9, 2012.

The Veteran's postoperative recurrent inguinal hernia is currently rated as noncompensably disabling prior to June 22, 2007 and 10 percent disabling thereafter. The claim for a higher rating has been granted effective from June 22, 2007.

The Veteran's appeal has been withdrawn by the appellant, resulting in dismissal of her claim.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for residuals from a left axillary lymph node biopsy performed at VA in June 2003, alleging that it was due to carelessness or fault on the part of VA. The case has been remanded for further examination and opinion.

The Board has granted an initial evaluation of 40 percent for uterine fibroid tumors from September 13, 2004 to December 19, 2007. From July 2, 2008, the Veteran is rated at 30 percent under Diagnostic Code 7618 due to removal of her uterus and not related to service-connected fibroid tumors.

The Veteran's cause of death, acute promyelocytic leukemia, was not found to be related to his active duty service or a service-connected disability.

The Veteran's notice of disagreement was not received within one year of notification of the October 2006 decision that denied his claim for payment of unauthorized medical expenses incurred on November 22, 2005.

The Veteran's income exceeds the limit for receiving nonservice-connected pension benefits, as his combined family income has consistently exceeded the applicable limits since he requested reinstatement in January 2008.

The Veteran's claim for service connection for Chronic Lymphocytic Leukemia (CLL) is being remanded due to the need to verify his alleged exposure to herbicides during his service in Guam and Okinawa, Japan. The appeal will be reconsidered based on the verification results.

The Veteran's skin condition is currently under review, and the Board has ordered additional medical examination to determine if his current symptoms are related to service. The appeal will be remanded for further development.

The Board found that the Veteran's claim for an earlier effective date for dependency was not supported by evidence submitted in a timely manner, and thus denied his request.

The Veteran's unauthorized medical expenses claim for treatment at Riverside Methodist Hospital on July 24, 2009 was denied because he did not receive VA medical services within the required 24-month period preceding the private hospitalization.

The Board finds that the award of service connection for panic disorder with agoraphobia was not clearly and unmistakably erroneous, thus the severance of this condition from May 1, 2010 is improper.