Other conditions decisions — 2017

The Veteran's right lower extremity vasculitis has been rated at 40 percent prior to January 1, 2016, and at 10 percent beginning January 1, 2016. The Board finds that a higher rating is not warranted for any period.

The Veteran's service-connected degenerative joint disease of the left hip is currently rated at 30 percent for flexion limitation, effective February 3, 2017. The disability remains noncompensable for extension and abduction/adduction/rotation limitations.

The Board has determined that the Veteran is not suffering from chronic fatigue syndrome and any symptoms of fatigue are reasonably attributed to his post-service occupation. Therefore, service connection for an undiagnosed illness, manifested by fatigue, is denied.

The Veteran's claim for an increased disability rating in excess of 50 percent for status-post laparoscopy with adhesions, right pelvic pain, and residual scar is denied as she is already receiving the maximum schedular rating under the appropriate diagnostic code.

The Veteran's appeal of the RO's June 2016 rating decision, which implemented the Board's July 2014 decision granting a disability rating of 30 percent for dysthymic disorder from May 28, 1996 to October 8, 2001, is dismissed as a matter of law.

The Board has ordered a remand to obtain an opinion on the relationship between the Veteran's active military service and his death due to colon cancer, including consideration of post-service stomach pain complaints.

The Board found that the Appellant could not be recognized as the Veteran's surviving spouse due to a lack of valid marriage, despite her claims and evidence.

The Veteran's urethral stricture has been rated at 60 percent since January 27, 2014. This rating is the maximum available for voiding dysfunction.

The Veteran's residuals of left hand injury have not approximated worse than mild incomplete paralysis prior to March 10, 2017, or moderate incomplete paralysis thereafter. The claim for a higher rating is denied.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected knee disabilities and determine if any additional functional loss due to pain or flare-ups should be considered.

The Veteran's essential tremors were not found to be related to his service or any service-connected conditions, including exposure to herbicide agents. The claim for service connection was denied.

The Veteran's skin disorder, manifested by deep acne (deep inflamed nodules and pus-filled cysts), was rated as noncompensable prior to January 11, 2013, and as 30 percent disabling from January 11, 2013. The criteria for a higher rating have been more nearly approximated from January 11, 2013.

The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for additional disability manifested by abdominal, groin, and testicle pain as a result of surgeries performed at VA Medical Centers in June 1992, April 1996, and May 2007. The Board has remanded the case to determine if the Veteran's current condition is due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA.

The Board has determined that Alzheimer's disease is aggravated by service-connected Parkinson's disease, and grants the claim for service connection based on this aggravation.

The Veteran's service-connected dysthymic disorder is currently rated at 50 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating. The symptoms are of reduced reliability and productivity due to chronic sleep impairment with nightmares; anxiety; irritability; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships; and difficulty in adapting to stressful circumstances.

The Board has determined that there is no current, chronic respiratory disability related to the Veteran's service and finds that his symptoms are better explained by other factors. As such, the claim for service connection for a pulmonary disability, to include as secondary to a service connected disability, is denied.

The Veteran's bladder disorder is found to have its onset during service and the Board grants service connection for this condition.

The Veteran's service connection claim for lupus was granted with an effective date of July 14, 2009.,A rating in excess of 60 percent prior to June 19, 2012, for service-connected lupus was granted.

The Veteran's knee disabilities have been rated at 10 percent each, but the evidence does not support a higher rating as her range of motion is within normal limits and she has no instability or dislocation.

The Board found the overpayment valid and denied the request for waiver of the overpayment in the amount of $91,984.70.