Other conditions decisions — 2014

The Veteran's service-connected left knee patellofemoral syndrome causes painful and limited motion, but does not result in ankylosis; recurrent subluxation or moderate lateral instability; dislocated semilunar cartilage with frequent episodes of pain, locking, and effusion into the joint; flexion limited to 60 degrees or less; extension limited to 5 degrees or greater; impairment of the tibia and fibula. The criteria for entitlement to a disability rating in excess of 10 percent have not been met.

The Veteran's appeal was dismissed due to the death of the appellant.

The Board found that the Veteran's current DVT and its residuals are not service-connected, as there was no evidence of a disease or injury during service, and symptoms were not continuous since separation. The Board also determined that the DVT is not causally related to the service-connected residuals of left buttock pilonidal cyst removal.

The Board has determined that the overpayment of education benefits is valid and that recovery would not be against equity and good conscience. The Veteran's partial fault in creating this debt, combined with VA's notification delay, led to the creation of the overpayment.

The Board found that the Veteran's right little finger disability did not meet the criteria for a compensable rating based on arthritis or other joint impairment, as there was no evidence of multiple involvements of interphalangeal, metacarpal and carpal joints or amputation. The claim for an increased rating is denied.

The Veteran's appeal has been withdrawn due to his request for withdrawal prior to the Board's decision.

The Veteran's death was not caused by any service-connected disability, and the Board finds that his cardiac arrest, severe gastrointestinal bleeding, and duodenal ulcer were not related to his service or service-connected conditions.

The Board denied the Veteran's petition for waiver of overpayment of VA pension benefits, finding that recovery would not be against equity and good conscience due to the Veteran's fault in creating the debt.

The Board denied the appellant's claim for reimbursement under the provisions of Chapter 35, Title 38, United States Code, Dependents' Educational Assistance (DEA), for tuition costs incurred for a Certified Nurse Assistant Program due to lack of approval by VA's State approving authority.

The Board has remanded the case due to a need for a medical nexus opinion on whether the Veteran's squamous cell carcinoma of the floor of the mouth is causally related to service exposure to Agent Orange. The Veteran served in Vietnam and is presumed to have been exposed to Agent Orange.

The Veteran's residuals of a left rotator cuff tear are proximately due to his service-connected left knee, ankle, and foot disabilities. The Board finds the Veteran competent to report the circumstances surrounding this incident.

The Veteran's current right foot disability was not caused or aggravated by a disease or injury in active service. The Board denied the claim for service connection.

The Board has determined that additional development is needed, including obtaining all relevant treatment records from the Fayetteville VA Medical Center. The Veteran's claim for service connection for dizziness and falling will be remanded to allow for this development.

The Veteran seeks service connection for muscle aches and joint pain, which he attributes to service in the Persian Gulf and to his service-connected psychiatric disorders. The case is REMANDED for additional development including obtaining VA treatment records since September 2013 and providing an addendum opinion on secondary service connection.

The Board has determined that new and material evidence has not been received to reopen the claim of whether the Veteran's character of discharge from his second period of service, from September 1969 to December 1970, constitutes a bar for basic eligibility for VA benefits, exclusive of health care under 38 U.S.C. Chapter 17.

The Veteran's squamous cell carcinoma of the base of his tongue is granted service connection based on presumed exposure to herbicides during service.

The Veteran's claim for payment or reimbursement of an unauthorized eye examination and corrective lenses purchase at a private facility was denied as the services were not rendered in a medical emergency where delay would have been hazardous to life or health, and pre-authorization was lacking.

The Board has determined that the Veteran does not have cold injury residuals of the hands and feet, and thus service connection for this condition is denied. The issue of entitlement to special monthly compensation based on aid and attendance remains pending.

The Board has determined that the Veteran's nasopharyngeal cancer is not service-connected, as it does not fall under the presumptive conditions associated with Agent Orange exposure.

The Board has found that new and material evidence has been received to reopen the claim of whether the appellant's character of discharge is a bar to VA benefits, thus allowing for further consideration.