Other conditions decisions — 2016

The Veteran's initial compensable rating for his right foot disability prior to December 15, 2015 is granted. For the period beginning December 15, 2015, a higher rating is not warranted as there is no evidence of actual loss of use of the foot.

The Board has determined that the Veteran does not have a current diagnosis of a chronic allergy or sinus disability as a result of service, and thus denied his claim for service connection.

The Board found that the Veteran's scalp rash with hair loss to include alopecia is not related to an undiagnosed illness or a chronic multi-symptom illness, and thus service connection cannot be granted under the presumptive provisions of 38 C.F.R. § 3.317. The examiner determined that the rash and hair loss were due to lupus, which was not caused by military service.

The Board has reopened the claim of entitlement to service connection for bilateral macular degeneration, but denied it on the merits due to lack of evidence linking current macular degeneration to service.

The Board finds that the Veteran has a current diagnosis of actinic keratosis, which is service connected. The issue of painful joints (unspecified) was not addressed as there were no diagnosed conditions.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities has been granted and is effective September 25, 2007. The appeal is dismissed as the full benefit sought has already been awarded.

The Veteran's gout resulted in both non-incapacitating and incapacitating episodes, but did not result in constitutional manifestations associated with active joint involvement that was totally incapacitating. The Board found the disability picture presented by the Veteran's gout shows no more than a 60 percent disability rating for the entire appellate period.

The Veteran's claim for a rating in excess of 20 percent for gout of the right big toe was denied. The Board found that the Veteran failed to report for a scheduled VA examination and thus, his claim would be denied without further action.

The Board has determined that the appellant does not have qualifying service and therefore is not eligible for a one-time payment from the FVEC Fund or other VA benefits.

The Veteran's bilateral hand neuropathic symptoms have been rated as 10 percent disabling, and his bilateral upper extremity tremors have not resulted in mild, incomplete paralysis of the upper radicular group (5th and 6th cervicals).,Based on VA examinations and medical records, the Veteran's right and left hand neuropathic symptoms are currently evaluated at 10 percent.

The Veteran's first degree heart block is currently evaluated as noncompensable under the applicable rating criteria. The Board finds that his condition does not meet or approximate the criteria for a compensable disability rating.

The Board has determined that the appellant's claim for payment or reimbursement of unauthorized medical expenses incurred on April 27, 2009 was timely filed and is therefore granted.

The Board has determined that the Veteran's right-sided arachnoid cyst and eye disability were not incurred in service, as there is no causal connection between these conditions and his military service. The claims are therefore denied.

The Veteran does not have chronic residuals of Legionnaires' disease, to include claimed fatigue and muscle weakness, as the result of VA medical treatment at Brecksville VA Medical Center in July 2006.

The Veteran's unauthorized medical expenses for treatment of cellulitis on June 22, 2015 were denied as the services were not rendered in a medical emergency and VA facilities were feasibly available.

The Veteran is entitled to an increased level of SMC based on the need for higher level aid and attendance due to his upper extremity disabilities, loss of use of both legs, bladder/bowel incontinence, and the need for aid and attendance. The effective date is September 27, 2016.

The Veteran's diagnosed papillary squamous cell carcinoma was not associated with his active duty service and the evidence does not support a finding of exposure to radiation or herbicides. As such, the claim for service connection is denied.

The Veteran's claim for service connection for residuals of sarcoma, right arm, status post amputation is granted. The Board finds that the Veteran's sarcoma is at least as likely as not related to his active military service.

The Veteran's appeal is being remanded due to an undeliverable hearing notice. The case will be scheduled for a new videoconference hearing at the RO.

The Veteran's service-connected muscle injury to Muscle Group III is currently rated at 20 percent, which is the highest available rating under Diagnostic Code 5303. The Board finds that this rating adequately reflects the severity of his disability.