Other conditions decisions — 2015

The Veteran's multiple compression fractures of the spine are considered an additional disability resulting from carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. The claim for compensation under 38 U.S.C.A. § 1151 is granted.

The Veteran's service-connected recurrent staph infections and associated scars have not been found to warrant a compensable rating under the applicable VA rating criteria.

The Board has found that new and material evidence has been received to reopen the previously denied claim of service connection for residuals of a concussion, claimed as TBI, including memory loss. The Veteran's account of his inservice head injury and subsequent symptoms is credible, and there is equipoise in the medical opinions regarding the relationship between the 1961 MVA and current post-concussive symptoms.

The Veteran's schizoaffective disorder, depressed type, has been rated at 30 percent from January 14, 2007, to January 12, 2010; 50 percent from January 13, 2010, to November 1, 2010; and 70 percent from November 2, 2010, to October 24, 2011. The Veteran's claim for higher ratings has been denied.

The Board found that the February 2009 rating decision assigning a separate 20 percent rating for restrictive lung defect was clearly and unmistakably erroneous, as it constituted pyramiding. The RO severed this separate rating effective December 1, 2012, and granted a single 40 percent rating under DC 5321 for injury to Muscle Group XXI.

The Board found that the Veteran's T7-8 discectomy and fusion was not caused or aggravated by his service-connected L5-S1 spondylolisthesis with fusion, thus denying the claim.

The Veteran's claim for service connection for a lung disorder is being remanded due to the need for additional examination and opinion regarding his current lung condition.

The Board has found that there is no evidence to support a service connection for the Veteran's cardiac disorder, specifically Mobitz Type 1 AV block. The condition was diagnosed after separation from service and there is no medical link between it and his military service.

The Board dismissed the appeal due to the appellant's withdrawal of his appeal.

The Veteran withdrew his appeal for an increased rating in excess of 30 percent for service-connected eye disabilities.

The Board found that the Appellant's current bilateral lower extremity disability claimed as shin splints is not attributable to service, and thus denied his claim for service connection.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as the splenectomy was not caused by negligence or lack of proper skill on the part of VA medical personnel.

The Board found that the Veteran's eye injuries and conditions were not related to service, as his vision problems predated service and continued after separation. The examiner noted no current residuals of the service-connected eyelid burns or conjunctivitis.

The Veteran's appeal is remanded due to the need for issuance of a Statement of the Case (SOC) regarding whether an overpayment of compensation and pension benefits in the amount of $19,334.00 was validly created.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for post-operative residuals of a thymoma. The Veteran's claim is therefore reopened.

The case is being remanded for scheduling the appellant for a video conference hearing at the Seattle, Washington RO.

The Veteran's benign prostatic hypertrophy and head injury were not found to be related to his military service, including exposure to herbicides.

The Board found no current left groin disability and thus denied the Veteran's claim for service connection.

The Board found that the discontinuance of VA VR&E benefits under Chapter 31, Title 38, United States Code, was proper and denied the Veteran's appeal.

The Board has remanded the case due to a need for additional medical opinions and records, particularly regarding the cause of death.