Other conditions Board decisions

The Board has dismissed the appeal due to the appellant withdrawing her claim for dependency and indemnity compensation pursuant to 38 U.S.C.A. § 1318.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for a post-surgical incision site infection resulting from a December 2004 lumbar spine surgery performed at VAMC New Orleans. The VA has not provided an explicit opinion regarding whether the proximate cause of the infection was fault on the part of VA in furnishing the surgical treatment or an event not reasonably foreseeable.

The Veteran's service connection claims for left and right hand arthritis, acquired deviated nasal septum, sinusitis, allergic rhinitis, gastroesophageal reflux disease (GERD) with peptic ulcer disease (PUD), right knee patellofemoral syndrome, degenerative changes of the left knee status post anterior cruciate ligament surgery, major depressive disorder and mood disorder have been granted. The Veteran's service connection claim for migraines has also been granted. An initial evaluation of 30 percent disabling for right shoulder impingement syndrome since September 1, 2007, has also been granted.

The Board has determined that a VA neurological examination and etiological opinion is needed to fairly decide the merits of the Veteran's claim for service connection for right hand numbness, tingling, and weakness.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim for service connection for an acquired psychiatric disability, claimed as paranoia. The RO previously denied this claim in January 1963 due to a finding of a pre-existing personality disorder that was not aggravated by service.

The Veteran's treatment at the University of Virginia from September 30, 2004 to October 19, 2004 was considered emergency care due to his condition and inability to be safely transferred to a VA facility. The claim for reimbursement is granted.

The Veteran was granted a 10-year extension of educational benefits under the Reserve Educational Assistance Program (REAP) due to his efforts in completing his service obligation, despite not having completed his contract by the date he transferred to the Inactive Ready Reserve.

The Veteran's appeals for higher ratings for chronic cervical strain with degenerative disc disease and left carpal tunnel syndrome were denied. The overpayment of additional disability compensation for dependents' school attendance was also addressed, but the Veteran withdrew his appeal on these issues prior to a decision.

The Veteran's claim for service connection for conjunctivitis of the right eye, which is secondary to his service-connected pterygium of the right eye, has been remanded due to additional evidence received after a previous denial.

The Board has determined that the higher aid and attendance level for pension is payable from December 29, 2008.

The Board found that the Veteran's multi-organ dysfunction, ischemic disease, and hypotension did not have their onset in service or were related to any in-service disease or injury. The Board also determined that his service-connected PTSD with dyspepsia was less likely than not a factor in his death.

The Board finds that the Veteran's left foot disability is the result of VA treatment due to an incident of fault on the part of VA, and grants compensation under 38 U.S.C.A. § 1151 for this condition.

The Veteran's left hand disability, including arthritis and ankylosis following a thumb fracture in service, is rated at 60 percent due to functional loss of use.

The Board has determined that the Veteran's Charcot-Marie-Tooth disease is due to a condition that was incurred in service, and thus grants service connection for this disability.

The Board has determined that the Veteran's heart conditions, including mitral valve stenosis and chronic atrial fibrillation, were not incurred or aggravated by active service. The condition of mitral valve stenosis is considered to have existed prior to service and was a natural progression of rheumatic heart disease.

The VA determined that the Veteran's abdominal muscle strain is not caused or aggravated by his service-connected left hand disability.

The Board has determined that the Veteran's respiratory and foot disorders are not related to his active service, and thus denied these claims.

The Board found that the Veteran's lung disorder was not incurred or aggravated in service, and denied his claim for service connection.

The Board has determined that the Veteran's service-connected calluses of the right foot are productive of impairment analogous to a moderately severe foot disability, warranting a 20 percent evaluation.

The Board has vacated its April 2011 decision and remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine whether the Veteran has cellulitis of his left lower extremity that is related to service.