Other conditions decisions — 2010

The Veteran's chronic duodenal ulcer is currently rated at 20 percent, but the Board has determined that a higher rating of 30 percent is warranted based on his symptoms and medical findings.

The Veteran's condition had stabilized by June 21, 2006. The Board denied the claim for payment or reimbursement of unauthorized medical expenses as the criteria under VA regulations were not met.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's non-Hodgkin's lymphoma, characterized as immunoblastic plasmocytic lymphoma, is due to herbicide exposure during service and grants service connection for this condition.

The Board found that the Veteran's balanitis was not incurred in or aggravated by military service and did not result from his service-connected diabetes. The claim for service connection was denied.

The Veteran's death was caused by metastatic colon cancer, which is not service-connected. The appellant seeks benefits for the cause of her husband's death and related issues but has failed to meet the evidentiary requirements for accrued benefits due to a lack of timely filing.

The Board is remanding the case to obtain additional medical opinions and ensure proper VCAA notification. The Veteran died from sepsis due to a urinary tract infection, but the cause of death may be related to his service-connected gunshot wounds.

The Board has remanded the case due to incomplete service records and a need for VCAA compliant notice.

The Veteran's service-connected defective vision with cataract removal of the right eye resulted in best corrected vision of count fingers in the right eye and from 20/20 to 20/30 in the left eye. The Board found that his right eye disability warranted a 30 percent evaluation under Diagnostic Code 6070, as he was already rated at the maximum schedular amount for blindness in one eye without having blindness in the nonservice-connected left eye.

The Board found that the appellant did not have qualifying service for the purpose of receiving a one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore denied legal entitlement to such payment.

The Veteran's request for a waiver of the overpayment debt was not timely filed due to his homelessness and medical issues, which may have affected his receipt of notices. The case is being remanded to address this issue.

The Veteran's service connection claim for a bilateral eye disability and hearing loss was denied. The Board found that the Veteran's myopia, of itself, is not a compensable disability and there is no evidence linking other diagnosed eye disabilities to service.

The Veteran's paralysis, bowel incontinence, and bladder incontinence are found to be caused by the delay in diagnosis and treatment by VA from November 21, 2003 to January 9, 2004. As a result, compensation benefits under 38 U.S.C.A. § 1151 for these conditions are granted.

The Veteran's service-connected displaced coccyx with right sacroiliac joint arthritis is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his right hand disability, which has worsened since the last examination. The Veteran also indicated that his condition negatively affects his employment.