Other conditions decisions — 2016

The Board vacated the part of its January 2016 decision that denied compensation for residuals other than visual field defects, right upper extremity weakness and numbness, and mild speech dysfluency, dysarthria, and stuttering due to a violation of the Veteran's right to due process. The case is now remanded for further development.

The Veteran's claim for payment or reimbursement of unauthorized non-VA medical expenses incurred at a private facility in March 2011 was denied because the treatment did not meet the criteria for reimbursement under VA regulations, specifically due to lack of authorization and failure to demonstrate a medical emergency.

The Veteran's claim for service connection for a disorder of the left lower extremity, including Legg Perthes disease and a cracked femur, is being remanded due to incomplete records. The AOJ will obtain all pertinent VA outpatient treatment records from Newington VAMC since March 2013 and issue a Formal Finding regarding the unavailability of his service treatment records.

The Veteran's appeal was denied for a higher rating for his service-connected fistula of the anus. The case is being remanded to obtain additional medical records and opinions.

The Veteran's basal and squamous cell carcinomas have been manifested by multiple superficial linear and non-linear scars, none of which are burn scars. The associated scars do not meet the criteria for a compensable rating under VA's skin disability rating criteria.

The Veteran's left lower extremity neurological impairment was rated at 20 percent effective September 23, 2002 to May 14, 2010. Since May 14, 2010, the rating has been increased to 40 percent.

The Veteran withdrew his appeal of the denial of a rating in excess of 30 percent for his service-connected right eye disability during the May 2016 hearing. The case is now dismissed.

The Veteran's claim for service connection for vocal cord dysfunction is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal is being remanded due to the need for a more thorough examination and opinion regarding his claimed bilateral hand disorder. The case will be returned to the Board if further action is required.

The Veteran's arteriosclerotic heart and CAD, status post myocardial infarction and stent placement, was evaluated as 30 percent disabling prior to November 14, 2006; 60 percent from November 14, 2006 to March 16, 2011; and not in excess of 60 percent thereafter. The Veteran's disability rating has been denied.

The Board denied the Veteran's claims for a compensable rating for residuals of a fracture of the nose, with septorhinoplasty and loss of sense of taste. The claim for an increased rating for loss of sense of smell was not addressed in this decision.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been withdrawn by the Veteran and his representative.

The Veteran's cause of death was due to an acute cerebral hemorrhage, not related to service or asbestos exposure. The Board found the claim for service connection for the cause of death denied.

The VA Board found that the Veteran's right inguinal hernia did not manifest during or as a result of active military service and denied his claim for service connection.

The Veteran's request for payment or reimbursement of unauthorized non-VA medical expenses incurred at [redacted] in Enid, Oklahoma on December 2, 2014 was denied because prior authorization from VA was not obtained and the treatment did not meet the criteria for emergency care under VA regulations.

The Veteran's service-connected post-traumatic arthritis of the metatarsophalangeal joint of both great toes and hammer toe of the second toe have been rated as appropriate, with a 20 percent rating for each condition effective from August 21, 2011.

The Board found that the Veteran's urinary incontinence and related symptoms were not incurred or aggravated by service, but did find that he had a pre-existing condition (likely due to his uncircumcised penis) which was exacerbated by service. The decision is mixed as it granted both service connection for urinary frequency and denied service connection for urinary incontinence.

The Board has determined that the Veteran's loss of all toes on his left foot was not caused by VA treatment, and therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The Board has denied the Veteran's claim to reopen his claims for service connection for a back condition, a right knee condition, and legal blindness, left eye. The case is now REMANDED due to the Veteran not appearing at his scheduled Travel Board hearing.

The Veteran is entitled to a 50 percent disability rating for undifferentiated somatoform disorder from October 31, 2012 and ongoing.