Other conditions decisions — 2015

The Board has determined that the reduction of the Veteran's compensation benefits from $144 to $123, effective July 1, 2011 was improper due to a failure to provide the Veteran with a predetermination hearing within the required timeframe. As a result, the reduction is void ab initio and his rate of $144 is restored.

The evidence does not support the Veteran's claim that he incurred a left elbow disability during service or due to an in-service injury. The Board finds no current disability and insufficient link between any past events and present condition.

The Board has granted service connection for the Veteran's bilateral salpingo-oophorectomy, finding that it is related to her in-service use of infertility drugs. The hysterectomy was not found to be related to service.

The Veteran withdrew his appeal for repayment of severance pay.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a skin rash. The Veteran's previous claims were denied due to lack of evidence, and no new evidence submitted since the last denial relates to an unestablished fact necessary to substantiate the claim.

The Veteran's appeal is being remanded due to audio malfunctions during his previous hearing. He will be offered a new BVA videoconference hearing to present testimony on his pending appeal for service connection for porphyria.

The Veteran's service-connected right hand disability, characterized by residuals of a right hand injury with amputation of the distal and middle phalanges of the right middle and ring finger with ankylosis of the thumb and little finger (major hand), has not been equivalent to amputation of all five fingers. As such, the Veteran is not entitled to a schedular rating in excess of 60 percent.

The Veteran's initial claim for service connection for left ureteropelvic junction obstruction was granted in June 1998, with a 20 percent disability rating effective March 27, 1992. The appeal is now denied as the Veteran does not meet criteria for an increased rating or TDIU.

The Board has remanded the case due to VA's failure in its duty to assist, specifically obtaining private treatment records from five physicians. The appellant is asked to provide information on any other healthcare providers who treated her husband prior to his death.

The Board denied the appellant's claim for an effective date earlier than November 1, 2009, for the grant of improved VA death pension benefits due to lack of a formal or informal claim prior to October 26, 2009.

The Veteran's unauthorized medical expenses incurred at the Orange Park Medical Center on September 3, 2013 are granted as she had a total disability permanent in nature resulting from her service-connected schizoaffective disorder and treatment was not feasibly available at a VA facility.

The Veteran's recurrent scrotal abscess is rated as noncompensable due to the condition being superficial and self-resolving, with occasional drainage that resolves without requiring systemic therapy.

The Veteran's claim for service connection for a skin disability, to include as due to an undiagnosed illness, is being remanded for further development. Additionally, the dependency compensation for all three of his dependents is also being referred back to the AOJ.

The Veteran's initial rating for peripheral vascular disease of the left lower extremity remains at 40 percent, effective from December 10, 2007. The Board found that prior to August 1, 2015, his disability did not meet the criteria for a higher 60 percent rating due to lack of persistent coldness or ABI of 0.5 or less.

The Board denied service connection for colonic polyps and residuals of heat stroke, finding that the evidence did not support a relationship to active service or Agent Orange exposure.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issue of payment or reimbursement for unauthorized medical expenses will be addressed after the hearing.

The Board found that the termination of Chapter 33 educational benefits was proper due to administrative error or error in judgment by VA. The debt based on overpayment of these benefits is invalid as well.

The Veteran is seeking a compensable rating for residuals related to her service-connected fracture of the right foot. The current VA examination did not provide sufficient rationale regarding the relationship between hallux valgus and the service-connected condition, and additional evidence is needed.

The Veteran died of multiple myeloma, but there is no service connection for any disability and the cause of death was not related to his military service or exposure to herbicides.

The Veteran's right foot disorders, including arthritis, hammer toes, and pes cavus, were not incurred in or aggravated by service. The Board found that the current conditions are not related to his in-service injury.