Other conditions decisions — 2009

The Veteran's appeal is being remanded due to the need for proper notice regarding service connection on a secondary basis.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's bilateral hammer toes were incurred or aggravated during service. The Veteran will be scheduled for a VA examination and any additional records will be obtained.

The Veteran's claim for service connection for degenerative joint disease of the right hip is being remanded due to additional development needed.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces. Therefore, his claim for nonservice-connected pension benefits is denied.

The Board found that the Veteran was not entitled to DIC under 38 U.S.C.A. § 1318 because he did not meet the criteria for any of the eight possible exceptions listed in 38 C.F.R. § 3.22(b). The claim is denied.

The Board has remanded the case due to insufficient evidence and a need for further development, including scheduling a VA examination.

The Veteran's increased disability ratings for residuals of fractures to the right middle and index fingers have been granted. However, he remains without a compensable rating for his residuals of a fracture to the right ring finger.

The Veteran's squamous cell carcinoma at the base of the tongue is being remanded for a VA examination to determine its etiology. His claim for an increased rating in excess of 10 percent for bilateral hearing loss is also being remanded.

The Board has decided to remand the case for further development, including obtaining Social Security Administration records.

The Board denied the Veteran's application to reopen his claim for service connection for ear disease, including otitis media, due to lack of new and material evidence.

The Board has remanded the case for further development, including an appropriate VA examination to determine if the Veteran's left leg venous insufficiency is related to his service-connected right ankle disability or a fall in July 2001.

The Veteran's claim for a compensable rating for intermittent sensory loss of the right thigh is denied. The issue regarding reopening his back disorder claim has been reopened, but further development is needed to decide the underlying service connection claim.

The Veteran's appeal is being remanded for further development, including scheduling a videoconference hearing before the Board.

The Board found that the Veteran's service-connected spastic colitis warranted a 30 percent evaluation, which is the maximum schedular rating available under DC 7319.

The Board has granted service connection for residuals of surgery on the left 5th toe and finds that the Veteran's current arthritis of the left foot is at least as likely as not caused by his in-service surgery. The claim for secondary service connection for arthritis will be remanded to obtain additional medical records and to schedule a VA examination.

The Veteran's right foot disability is not deemed to be due to VA medical treatment, but rather the result of natural progression and scar tissue formation following surgeries.

The Veteran's skin condition may be related to service, but the claim is being remanded for further development and a VA examination.

The Board found that the Veteran's Crohn's Disease was not incurred in or aggravated by service and denied his claim.

The Board found no current diagnoses of cysts of the right and left femoral necks, thus denying the Veteran's claim for service connection.

The Veteran's stress fractures of the pubic rami have not been shown to result in limitation of motion that would warrant a higher evaluation.