Other conditions decisions — 2009

The Board has remanded the case due to the need for clarification of the Appellant's National Guard service and additional search for medical records.

The Veteran's appeal for service connection for a bilateral foot disorder has been withdrawn. The TDIU claim is being remanded for additional development.

The Veteran's claim for service connection for a left leg disorder is being remanded to obtain an adequate medical examination and opinion regarding the etiology of his condition.

The Board found that the Veteran's skin disorder was not caused by VA care, and thus denied compensation under 38 U.S.C.A. § 1151.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his right brachial plexus disability and whether it renders him unemployable. The Veteran also needs to provide any outstanding treatment records from October 23, 1991, to the present.

The Veteran's service-connected residuals of a status post fracture, middle finger left hand are currently rated at 10 percent and the claim for an increased rating is granted.

The Veteran's pension benefits, including special monthly pension (SMP) at the housebound rate, are granted effective from June 30, 2006. The decision is based on his admission to an assisted living facility due to multiple disabilities and his inability to file a claim for pension benefits.

The Veteran's appeal is remanded for additional development to determine the appropriate evaluation for his status post exploratory laparotomy with perforation of colon.

The Veteran's claim for service connection for varicose veins in the lower extremities is being remanded due to missing post-service treatment records from Fort Ord, California. The VA will attempt to obtain these records and schedule her for an appropriate examination to determine if her current condition is related to her military service.

The Board has determined that a VA examination is necessary to determine the etiology of the Veteran's current left hip condition and whether any pre-existing defect or disability was aggravated by active service.

The VA reduced the evaluation for the Veteran's right bundle branch block from 30 to 10 percent effective May 1, 1970. The Veteran did not contest this decision.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran for purposes of entitlement to VA benefits, based on her legal marriage and lack of fault in the separation.

The Board denied service connection for compensation purposes for dental problems associated with the loss of tooth number 19 and surrounding teeth due to lack of evidence that the condition was caused by trauma or disease such as osteomyelitis.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and conducting a neurological examination to determine the extent of his service-connected back disability.

The Board has determined that a compensable initial disability rating for the Veteran's left inguinal hernia residuals (other than a scar) is not warranted, but has granted a separate 10 percent initial rating for a scar, residual of a left inguinal hernia.

The Board has determined that the Veteran's basal cell carcinoma was incurred during his period of active duty service, and therefore grants the claim for service connection.

The Veteran's claim for nonservice-connected pension benefits was denied because he did not meet the eligibility criteria due to his discharge from service due to a pre-existing disability, and there is no service connection for any other condition.

The Board has denied the appellant's claims for service connection for the cause of the Veteran's death, death pension benefits, and accrued benefits due to lack of qualifying service.

The Board has remanded the case for further development, including verification of the appellant's deceased spouse's service. The appeal is now pending again with the RO.

The Veteran's service-connected disabilities, alone, do not meet the criteria for a TDIU as they are insufficient to produce unemployability without regard to advancing age. The medical evidence does not support that the Veteran is unable to obtain substantially gainful employment solely due to his service-connected disabilities.