Other conditions decisions — 2015

The Veteran is seeking an effective date prior to November 26, 2007 for the award of a total disability rating based on individual unemployability due to service-connected disabilities. The case has been remanded for further action.

The Veteran does not have a current chronic disability associated with joint pain, muscle pain, tendon pain or stomach pain that manifested during his military service. The Board finds the evidence does not support a finding of service connection for these conditions.

The Veteran's stomach resection for duodenal ulcer was rated at 40 percent prior to January 29, 2009 and 60 percent thereafter. The Board found that the symptoms did not warrant a higher rating.

The Veteran's claim for service connection for a left leg condition, including as secondary to his service-connected low back disability, is being remanded due to the need for additional development of his VA and private treatment records, SSA disability records, and an appropriate VA examination.

The Board has granted apportionment of 20 percent of the Veteran's disability compensation payments for his minor child in the appellant's custody, effective May 1, 2010. The appeal is based on general apportionment and not service connection.

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The Veteran's appeal was denied as he did not provide necessary proof of payment for identified medical expenses for the year 2010, which were claimed to be deductible from countable income for pension purposes.

The Veteran's unauthorized medical expenses incurred at Baptist Medical Center-Beaches, Jacksonville Beach, Florida from August 4, 2010 to August 6, 2010 are now covered by VA as the treatment was deemed necessary due to a severe and emergent condition that could not be safely transferred to a VA facility.

The Board found that the Veteran's reported injury in service was not credible and denied his claim for service connection as there is no evidence of an in-service injury or disease, and no medical nexus linking current arthritis to service.

The Veteran's service as a recognized guerrilla does not qualify for nonservice-connected death pension benefits, and the claim is denied.

The Veteran's appeal was denied as he did not provide necessary proof of payment for identified medical expenses from 2010, which were claimed to be deductible from countable income for pension purposes.

The Board has determined that the Veteran's colonic adhesions are proximately due to or the result of her service-connected loss of the uterus and both ovaries, after post-surgical convalescence. Therefore, she is granted service connection for this condition on a secondary basis.

The Veteran's appeal is being remanded for additional development due to an inadequate medical examination. The case will be returned to the Board after further review.

The Veteran's last period of service was under dishonorable conditions due to misconduct, and he is therefore ineligible for VRAP benefits.

The Veteran's appeal is being remanded for additional development, including VA examinations and opinions regarding his hallux valgus of the feet, hypertension, and acquired psychiatric disorder.

The Board has determined that the Veteran's left eye conditions (esophoria, amblyopia) are developmental defects that existed prior to service and were not subject to a superimposed injury during his active duty. Therefore, he is not entitled to service connection for these conditions.

The Board has remanded the case for further development, including obtaining an opinion on whether arthritis of the left thumb is service-connected and for making a determination based on VA treatment records.

The Veteran's secondary service connection claim for a stroke or CVA as secondary to his service-connected coronary artery disease, type II diabetes mellitus, and nephropathy with hypertension has been granted by the RO.

The VA examiners determined that the Veteran's back disorder is not related to his service-connected right knee disability and are therefore against granting secondary service connection.

The Board found that the Veteran's left and right patella chondromalacia did not meet or approximate the criteria for a rating in excess of 10 percent, as their range of motion remained stable at 110 degrees flexion with no additional functional loss after repetitive testing.