Other conditions decisions — 2015

The Veteran's unauthorized medical expenses incurred at Oro Valley Hospital were denied as VA facilities were feasibly available and an attempt to use them beforehand would have been reasonable.

The case is being remanded for the VA Medical Center to obtain all pertinent documents and associate them with the claims file, including any medical treatment records from December 17, 2012 visit at VVMC in Cottonwood, Arizona. The Veteran's claim will be readjudicated after these documents are received.

The Veteran's hallux valgus with bunions, left foot, is rated noncompensable.,The Veteran's status-post right bunionectomy and 2nd toe surgery with hallux valgus and bunions (claimed as bilateral bunions, right toe pain and metatarsal 2nd joint) is rated noncompensable. However, the metatarsal head was surgically resected in August 2011, which supports a higher rating.,The Veteran's scars, right foot are currently rated noncompensable.

The Board has determined that the Veteran's sleep disorder, to include sleep apnea, is not causally or etiologically related to service. The claim for service connection for gastritis (to include as secondary to service-connected acne keloidalis nuchae with associated headaches, anxiety, and dysthymia) was remanded but has not been fully adjudicated.

The Board found that the Veteran's current left lower extremity conditions, including his left hip arthritis, were not caused or aggravated by his service-connected left knee disability. The Board concluded that the Veteran's left hip arthritis was more likely due to pre-existing degenerative changes rather than a result of the 2007 injury.

The Board found that the cause of death was a cardiovascular accident, which is not related to service or any service-connected disability. The Veteran did not serve in Vietnam and therefore is not entitled to the presumptions with respect to diseases caused by herbicide exposure.

The Board found that the overpayment of $3,000.00 for an education benefit advance was properly created due to the Veteran's eligibility issues and misrepresentation. The appeal is denied as waiver of recovery of the overpayment is barred by bad faith.

The Board found that the appellant's pre-existing erythema multiforme did not undergo a permanent increase in severity during his period of active duty for training (ACDUTRA) and is not due to an injury incurred during inactive duty for training (INACDUTRA). As such, service connection was denied.

The Veteran's claim for service connection for residuals of a right index finger fracture was denied as there is no evidence of such an injury during active service. The Veteran's claim for increased rating for left lower extremity peripheral vascular disease remains pending.

The Board denied the Veteran's increased rating claim for left knee disability and did not address his claims to reopen service connection for right knee disorder and low back disorder.

The Board has granted the Veteran's request to reopen his service connection claim for residuals of epididymitis, including left scrotal pain. The evidence submitted since the last denial raises a reasonable possibility of substantiating the claim.

The Board found that the appellant's character of discharge from military service does not constitute a bar to entitlement to VA compensation benefits.

The Board has determined that the overpayment of $2,880.00 was not properly created due to administrative error and therefore denies the creation of this debt.

The Veteran's appeal for an increased evaluation in excess of 40 percent for residuals of multiple pelvic fractures, including DJD of the right hip, has been dismissed as he requested to withdraw his appeal.

The Board has denied the Veteran's claim for service connection for a right lower extremity disability, finding that there is no current evidence of such a disability and that any potential right lower extremity disability is not related to service or service-connected conditions.

The Board has granted a waiver of recovery for the overpayment of VA education benefits in the amount of $1834.30, finding that recovery would be against equity and good conscience due to the Veteran's financial hardship.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected right arm disability, and for obtaining all relevant medical records.

The Veteran's service-connected right knee patellofemoral pain syndrome with degenerative joint disease is currently rated at 20 percent, effective May 6, 2011. The Veteran seeks a higher rating for this condition.

The Board has determined that the Veteran's blindness in the right eye is a result of an injury during service and grants service connection for this condition.

The Board has reopened the claim of service connection for bilateral postoperative flatfoot and granted service connection, as it is found that the Veteran's pre-existing condition was aggravated by his active service. The compensable ratings for hypertension and hemorrhoids are denied.