Other conditions decisions — 2009

The Board has denied the attorney's request for a higher contingency fee, finding that the apportioned benefits to children A. and F., who were not in the surviving spouse's custody, should not be included in the calculation of the fees owed to the attorney.

The Board is remanding the case for additional development, including obtaining Social Security Administration records and readjudicating the claim on appeal.

The Veteran's right arm disability was not incurred in or aggravated by active military service.

The Veteran's claim for a rating in excess of 40 percent for varicose veins in the right leg was denied. The VA examiner found that the condition did not meet the criteria for a higher rating due to moderate functional impairment.

The Board found that the Veteran's skin condition, diagnosed as lipoma and epidermal cyst, was not incurred in or aggravated by active service. The pre-service right chest wall lipoma underwent no increase in severity during service.

The Board has remanded the case due to insufficient evidence of record regarding the Veteran's medical treatment leading up to his death and a need for clarification on the cause of death.

The Board has determined that the Appellant is the Veteran's surviving spouse and therefore eligible for VA benefits.

The Veteran's VA compensation benefits were reinstated effective September 22, 2006, after the warrant against him was cleared. However, an earlier effective date is denied as he was a fugitive felon until November 8, 2004.

The Veteran's service-connected residuals of a compression fracture at L5-S1 with degenerative joint disease and the residuals of an avulsion fracture at C7 have been granted increased ratings, effective from December 1, 2003.

The Board has remanded the case for additional development, including a VA examination to determine if any current back or lung conditions are related to service. The Veteran's active duty service is noted but there is no indication of asbestos exposure.

The Veteran's appeal is being remanded for additional development, including obtaining records from a Worker's Compensation claim and Social Security Administration disability benefits.

The Board has remanded the case for a VA medical opinion to determine if the appellant's colon cancer is related to service, specifically Agent Orange exposure.

The Veteran's claim for an increased rating for his service-connected gouty arthritis was granted, with a current disability rating of 60 percent.

The Board has determined that the cause of the Veteran's death was not related to his active service, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's Behcet's disease was initially manifested during active service, and the VA examiner found that it had its initial onset during service without any question. The Board granted service connection for Behcet's disease.

The Board has remanded the case for additional development and adjudicative action due to inadequate records and representation issues.

The Veteran's appeal is remanded due to the need for additional VA examinations and treatment records, as well as notification of applicable diagnostic criteria.

The Veteran's appeal for an increased initial disability rating for his service-connected right hallux valgus has been granted, with a 10 percent evaluation effective from February 23, 2004.

The Veteran's appeal involves claims for service connection for a gastrointestinal disability, an earlier effective date for the award of a 20 percent rating for lumbosacral strain, and an increased rating for that condition. The Board has also remanded to determine whether a December 1975 rating decision was clearly and unmistakably erroneous in failing to adjudicate a claim for service connection for a cervical spine disability.

The Veteran's service connection for dysthymia has been granted with a 10 percent rating effective January 11, 2005. The issues of hearing loss and tinnitus have not resulted in any changes to the initial ratings assigned.