Other conditions decisions — 2016

The Board denied the appellant's claim for nonservice-connected death pension benefits because her income exceeded the maximum annual death pension rate (MAPR) that applies to a surviving spouse without a dependent child.

The Board denied reimbursement for non-VA pharmacy prescriptions because the Veteran obtained multiple refills of the medications and one fill was in excess of the 10-day limit, and there is no indication that VA pharmacies were not feasibly available.

The Board has dismissed the appeal due to a withdrawal request by the appellant's authorized representative.

The Veteran's appeal is remanded for further development, including a new VA examination to assess the severity of his service-connected left hip disorder.

The Board has determined that the Veteran's right ear drum perforation is as likely as not attributable to service, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining updated VA outpatient records.

The Veteran's left long finger disability is characterized by ankylosis in extension, and the evidence does not meet the criteria for a rating in excess of 10 percent.

The appeal has been dismissed due to the death of the appellant.

The Veteran's left inguinal hernia with mesh repair was rated at 30 percent from October 9, 2009 to November 12, 2009. A temporary total convalescent rating of two months was granted effective November 13, 2009 and continuing until January 8, 2010 due to the left inguinal hernia surgery. From January 9, 2010 forward, a higher disability rating is not warranted.

The Veteran's appeal is being remanded due to the need for additional development of his employment records, including mental health treatment and personnel records. The AOJ should invite the Veteran to submit an application for a total disability rating based upon individual unemployability (TDIU).

The Board found that the Veteran's right hip disability did not manifest in service or within one year of separation, and arthritis was not shown to be related to service. The VA examiner concluded that the current right hip arthritis is more likely due to natural aging rather than an in-service fall.

The Board has remanded the case for a new medical opinion to determine if the Veteran's current right eye disability is related to service, including any in-service trauma. The examiner should clarify whether the diagnosed conditions are developmental defects or not and provide an opinion on their etiology.

The Board has determined that the Veteran's right foot disability, including status post-Austin bunionectomy and 2nd toe arthroplasty and osteotomy, is at least in equipoise with his service-connected above-the-knee amputation of the left lower extremity. Therefore, service connection for this condition is granted.

The Board has determined that the Veteran's thoracic spine strain does not warrant a rating in excess of 10 percent, as his range of motion and symptoms do not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board finds that the Veteran's hysterectomy was not caused by failure to diagnose or treat her uterine fibroids prior to September 27, 1994, or failure to provide proper care on that day. The Veteran's symptoms are attributed to other factors and not related to the alleged failures.

The Board has determined that the Veteran is entitled to a dependency allowance for his first spouse, C.M., from October 1, 1978 until January [redacted], 1983. The dependency allowance was not granted for his second wife, A.B., as her marriage ended before VA received notice of it. No dependency allowance has been awarded for his third wife, J.G., due to insufficient evidence provided.

The Veteran's psychological disorder manifested as schizoaffective disorder resulted in occupational and social impairment deficiencies prior to November 7, 1996. From November 7, 1996 to April 30, 1999, the disability resulted in total occupational and social impairment. The Veteran is permanently and totally disabled due to service-connected disabilities as of February 2, 1993.

The Board finds that the evidence is in relative equipoise regarding whether the appellant's neurogenic bladder, fecal leakage, and bilateral leg paresthesia are proximately due to Guillain-Barre syndrome (GBS) or transverse myelitis (TM), which was caused by a flu vaccine received during ACDUTRA. As such, service connection is granted.

The Board finds that the Veteran does not have a current dental disability or TMJ, and any diagnosed disabilities are less likely than not related to service. The claim for service connection is denied.

The Veteran has withdrawn his appeals regarding whether new and material evidence has been submitted to reopen a claim for service connection for a gastrointestinal (GI) disability, and entitlement to service connection for chest pain. As such, the claims are dismissed.