Other conditions decisions — 2014

The Veteran's claim for Total Disability based on Individual Unemployability (TDIU) due to service-connected Cephalgia is granted, effective May 5, 2009.

The Board denied the Veteran's claims for service connection for inability to reproduce and loss of use of a creative organ, as well as residuals from a vasectomy, finding no competent evidence linking these conditions to his exposure to herbicides or active service.

The Veteran's unauthorized medical expenses incurred at Maine Coast Memorial Hospital on July 20, 2011 were not reimbursable because the services provided did not meet the criteria for emergency treatment as defined by VA regulations.

The Veteran's additional disability following left ankle surgery performed by VA in November 2009, including peroneal nerve injury and associated symptoms such as foot pain and numbness, was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Veteran's appeal is being remanded due to the need for an addendum medical opinion regarding his basal cell carcinoma and its relation to sun exposure during service.

The Veteran's service-connected residuals of pneumonia are not entitled to an increased rating prior to June 1, 2010 and the reduction in evaluation was proper. Since June 1, 2010, there is no evidence that warrants a compensable evaluation.

The Veteran's claim for service connection for residuals of a cold weather injury is being remanded due to the need for clarification of the VA medical opinion and obtaining additional treatment records.

The Board found that the overpayment of $83,508.63 was valid and denied a waiver of recovery due to the Veteran's sole fault in creating the debt.

The Board has determined that the Veteran's non-ischemic cardiomyopathy was incurred in service, resolving reasonable doubt in his favor.

The Veteran's thoracic outlet syndrome and left humerus fracture are rated at 40 percent for the former, and 20 percent for the latter. The decision grants increased ratings but does not address the TDIU claim.

The Board has found no bad faith on the part of the Veteran and thus granted his waiver of recovery for the $9,372.97 debt.

The Veteran's recurrent duodenal ulcer with secondary anemia and psychophysiological gastrointestinal reaction resulted in severe occupational and social impairment, warranting a 70 percent disability evaluation. The Board also granted the claim for TDIU.

The Board has granted a 10 percent rating for Bell's palsy of the left side, effective from November 20, 2012. The Veteran previously had a compensable evaluation denied.

The Veteran died from respiratory arrest and hepatocellular carcinoma. The VA medical opinion stated that his service-connected residuals of right inguinal herniorraphies did not cause or contribute to death, nor was the cause of death related to Agent Orange exposure. Therefore, the claim for service connection for the cause of death is denied.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a chronic neurological disability of the upper and lower extremities. The Veteran's claim for fatigue is denied, as there is no medical evidence linking his current symptoms to service or service-connected conditions. The issue of entitlement to a compensable evaluation for residuals of malaria is remanded due to the receipt of a timely Notice of Disagreement within one year of the April 2009 rating decision.

The Board denied the appellant's request for a waiver of overpayment of improved death pension benefits due to her failure to file the request within 180 days after being notified of the overpayment.

The Board has granted service connection for HIV, finding that it was incurred during an in-service personal assault. The issues of a rating in excess of 100 percent for service-connected seizures and service connection for plantar fasciitis and bilateral ankle disability are remanded.

The VA determined that there is no current diagnosis of residuals from an ear infection, and thus cannot grant service connection for this condition.

The Board found that the appellant did not meet the criteria for recognition as the surviving spouse of the Veteran for VA death benefits purposes, thus denying her claim.

The Board has reopened the claims for service connection for right eye disorder and left eye disorder, but denied the claim for service connection for an acquired psychiatric disorder. The case is remanded to obtain additional records from SSA and to schedule VA examinations.