Other conditions Board decisions

The Veteran's Whipple resection and subsequent complications are not considered to be due to VA carelessness, negligence, lack of proper skill, error in judgment or similar fault. The Board finds that the additional disability is not caused by VA treatment.

The Veteran's service-connected left inguinal neuralgia is rated at the maximum allowable under VA rating criteria, and no higher rating can be assigned based on current evidence.

The Veteran's right hip replacement warrants a 50 percent rating prior to April 16, 2009 and a 70 percent rating from that date. The left hip disability is rated at 10 percent.

The Veteran's duodenal ulcer is not currently active and does not cause functional impairment. The Veteran does not have additional disability as the result of surgical hiatal hernia repair performed at a VA facility in 1957.

The Board has determined that new and material evidence has not been submitted to reopen the claim for compensation under 38 U.S.C.A. § 1151 for a dental disorder due to VA treatment.

The Board has remanded the Veteran's claim for further evidentiary development, including obtaining VA treatment records from East Orange, New Jersey and Augusta, Georgia. The case is now pending a new VA examination to determine if any nasal disorder is related to service.

The Board has remanded the case due to non-compliance with previous instructions and a need for further development, including obtaining SSA records related to the Veteran's disability benefits.

The Board denied a compensable rating for condylomata acuminata, finding no current manifestations of the condition. The Veteran's xerosis was also not service-connected.

The Veteran's right eye blindness disorder is not service-connected and was not caused by his service-connected posttraumatic headaches.,Bilateral atheromatous disease and bilateral varicose veins are also not service-connected, as there is no evidence of their onset within one year after service.

The Veteran's appeals for compensation benefits pursuant to 38 U.S.C.A. § 1151 for additional urinary incontinence, left lower extremity neurological impairment, and myocardial infarction as a result of VA treatment were denied due to lack of evidence showing these conditions were proximately caused by VA medical services.

The Veteran is not entitled to special monthly pension based on the need for aid and attendance due to his disabilities. However, he meets the criteria for housebound benefits as a result of his age and disability.

The Veteran's appeal for an earlier effective date for the award of nonservice-connected disability pension benefits has been dismissed as the prior final rating decision is subsumed by a later Board decision.

The Board has granted an effective date of June 5, 2006 for the assignment of a 100 percent disability rating for cerebellar degenerative disease and cerebellar ataxia with loss of use of both upper extremities. The Veteran's symptoms have been present since July 2005.

The Veteran was exposed to herbicides in service and his diagnosed multiple myeloma is presumptively related to that exposure. Tinnitus is not shown by the evidence of record at the time of the Veteran's death to be causally or etiologically related to any disease, injury, or incident in service, including herbicide exposure.

The Board has decided to remand the cause-of-death claim due to additional development being required, including obtaining a medical nexus opinion regarding whether the Veteran's PTSD contributed substantially or materially to his death from myocardial infarction.

The Veteran's claims for increased ratings for neuritis of the right and left peroneal nerves were denied as his conditions are currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 8521.

The Board has decided to remand the case for additional development, including a new VA examination to assess the current severity of the Veteran's HIV-related illness and determine whether his tongue lesion represents an opportunistic infection or neoplasm.

The Board found that the Veteran did not sustain an eye injury or disease in service and that symptoms of a right eye disorder were not chronic during active service. The current right eye disorder is not related to his active service.

The Board has determined that the Veteran is entitled to a waiver of the overpayment in the amount of $167,595.78 due to his service-connected disability and the VA's failure to timely enforce the fugitive felon regulations.

The Board finds that the appellant is not legally entitled to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized service in the United States Armed Forces.