Other conditions decisions — 2014

The Board denied the Veteran's claims for increased ratings, an effective date prior to October 31, 2005, a temporary total evaluation due to hospitalization, and compensation under 38 U.S.C.A. § 1151 for CMV infection related to Mercaptopurine-treatment for Crohn's disease.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a skin disorder. The claim for service connection for retinopathy remains denied due to lack of new and material evidence.

The Veteran's claim for nonservice-connected pension benefits was denied due to excessive income. The RO has been instructed to consider the new evidence submitted since June 2008 and clarify whether any benefits have already been granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and VA examinations to determine the relationship between his service-connected left shoulder disability and any residuals of blood clots.

The Veteran's claim for service connection for condyloma acuminata was denied in a February 2007 rating decision. The RO reduced the prostate cancer evaluation to 10 percent, effective October 1, 2008 and increased it to 40 percent, effective February 23, 2011. The Veteran's claim for reopening of his service connection claim was denied in a March 2010 rating decision.

The Veteran's service-connected left ring finger injury is currently rated as noncompensable due to the presence of ankylosis, which precludes a compensable rating.

The Veteran's left knee disability has not been manifested by flexion limited to 15 degrees or extension limited to 20 degrees, which are the criteria for a higher rating under Diagnostic Codes 5260 and 5261. Therefore, his claim for an increased evaluation is denied.

The Board has determined that the reduction of the Veteran's left thumb disability evaluation from 20 percent to 10 percent was proper.

The Veteran's left fifth finger fracture residuals have been granted a compensable disability rating of 10 percent.

The Veteran's claim for service connection for cardiomyopathy was denied, and his claim for compensation under 38 U.S.C.A. § 1151 for a duodenal ulcer due to VA treatment was also denied.

The Veteran's death was caused by a subdural hemorrhage due to a fall, which is at least as likely as not related to his service-connected bilateral defective hearing. Therefore, the cause of the Veteran's death is considered service connected.

The Veteran's right lateral epicondylitis and right rotator cuff tendonitis are found to be related to his active duty service, thus granting service connection for these conditions.

The Board has remanded the case due to inconsistencies in the appellant's service records and need for clarification regarding his character of discharge.

The appeal is being remanded due to insufficient evidence regarding the financial status of both the appellant and the Veteran. The appellant needs to provide documentation showing that she has not received child support payments, while the Veteran should submit any records of child support payments made.

The Board denied the Veteran's claims for increased evaluations for his left and right thumb conditions, as well as his attempt to reopen a previously denied claim for service connection for arthritis of multiple joints. The evidence did not raise a reasonable possibility of substantiating these claims.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claims of service connection for hip disorders and scoliosis are pending.

The Veteran is seeking service connection for a skin condition, specifically cellulitis of the lower extremities. The Board has determined that additional development is needed to determine the nature and likely etiology of any current skin condition and residual disabilities due to an in-service injury.

The Veteran's appeal of the issue of entitlement to service connection for degenerative joint disease and strain of both hips was dismissed due to his withdrawal prior to a decision being made.

The Board determined that the appellant inappropriately received death pension for the periods from May 1, 2009 to May 1, 2010, and from May 1, 2009 to May 1, 2010, resulting in an overpayment of $15,864. The termination was proper.

The Veteran and his spouse claim that they timely filed a request for payment or reimbursement of unauthorized medical expenses incurred on June 9, 2010. The AOJ denied the claim based on a determination that the claim was not filed within 90 days of the date of service for which payment/reimbursement is claimed. The Veteran and his spouse insist that they mailed letters to the VAMC Fee Basis Unit at West Palm Beach VAMC on July 5, 2010, and on July 15, 2010, enclosing the relevant medical bills. The AOJ should verify if these letters were received by the VA facilities.