Other conditions decisions — 2014

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted as his perforated colon, status post colonoscopy resulted from a laceration rather than a perforation, which was not reasonably foreseeable.

The Veteran's overpayment of $5,898.00 for dependency benefits is waived due to fault on his part in not reporting his divorce promptly.

The Board has remanded the case due to insufficient medical expense reports for 2012-2014, and the Veteran is requested to submit detailed expense reports.

The Board has reopened the Veteran's claims for service connection for Bechet's Syndrome and bilateral uveitis, finding new and material evidence to support these claims. The preponderance of the evidence supports the Veteran's claims.

The Veteran's basic eligibility requirements for non-service-connected pension benefits have been established for the period from March 19, 2012 to October 31, 2012. For the period since November 1, 2012, his income exceeded the applicable maximum annual pension rates and he is not eligible for these benefits.

The Board has reopened the Veteran's claim of service connection for a right eye disability and granted service connection for trigeminal neuralgia. The cataracts, epiretinal membrane, and resolved irisitis are not related to service.

The Veteran's service-connected knee disabilities were reduced to zero percent effective November 1, 2009. The Board found that the evidence did not establish sustained improvement of her bilateral knee disorder under ordinary conditions of life.,For the period from November 1, 2009 to July 30, 2012, the Veteran's right and left knee disabilities were restored to a 20 percent evaluation.

The Board found no psychiatric disorder present during the appeal period and denied service connection for a psychiatric disorder on a direct basis.

The Board has determined that the Veteran does not have a diagnosed right eye disability and therefore, service connection for this condition is denied.

The Board has determined that the Veteran's left eye retinopathy is not caused or aggravated by his service-connected diabetes mellitus.

The Veteran's claim for a TDIU rating is being remanded due to the need for an addendum opinion from the social worker who conducted the March 2014 social and industrial survey.

The Veteran's claim for a disability rating in excess of 30 percent for coccidioidomycosis is being remanded due to the need for additional development, including obtaining treatment records and conducting an examination.

The Veteran does not have a current staph infection or any additional disability as a result of the 1996 heart surgery, and there is no evidence that VA's care was careless, negligent, or otherwise at fault.

The Veteran's residuals of a laceration of the right arm are manifested by disability of muscle group VII that more nearly approximates slight than moderate disability. The criteria for the assignment a compensable rating for the residuals of a laceration of the right arm involving muscle group VII have not been met.

The Board has remanded the case for additional development, including obtaining service personnel and medical records, procuring private treatment records, scheduling a foot examination, and conducting other appropriate development.

The Board has granted service connection for the Veteran's squamous cell carcinoma of the tongue, finding that his exposure to herbicides in service was a risk factor contributing to the development of the cancer.

The Veteran's claims for higher initial ratings for deep venous thrombosis of the right and left lower extremities were denied as his conditions did not meet the criteria for a rating in excess of 20 percent prior to April 5, 2010, or 40 percent on and after that date.

The Veteran's post-surgical left hip disability has been rated at 30 percent since April 1, 2012. The Board found that the evidence did not support a rating higher than 30 percent.

The Board finds that the preponderance of evidence is against a finding that any current low back disability is related to the appellant's ACDUTRA service. Service connection for a low back disability is denied.

The Veteran's claim for service connection for furuncle (claimed as cyst) is being remanded due to the need for a VA examination and further development of his claims.