Other conditions decisions — 2010

The Board has determined that the Veteran's service-connected residuals, stress fracture of left foot first metatarsal sesamoid bone do not meet or approximate moderately severe foot injury residuals and therefore a higher rating than the current 10 percent is not warranted.

The Veteran is not entitled to additional CRDP amounts for the time period June 1, 2005, through September 30, 2008.

The Board has determined that the deceased did not have any recognized military service and therefore is not eligible for VA death benefits.

The Board has remanded the issue of service connection for a spinal disability due to inadequate development and lack of an orthopedist's opinion.

The Board found that the Veteran's prostate disorder, diagnosed as benign prostatic hypertrophy, is not directly related to his military service and was not caused or aggravated by his service-connected diabetes mellitus. The long period between separation from service and the manifestation of symptoms further supports this conclusion.

The Veteran's left inguinal hernia has resulted in a significant functional impairment, leading to a permanent lifting restriction of 25 pounds. The VA examiner determined that the disability significantly impacts employment due to this weight restriction. However, the current schedular rating does not address this issue. As such, the case is being referred for consideration of an extraschedular evaluation.

The Veteran is entitled to compensation under 38 U.S.C.A. § 1151 for residual quadraperesis, which resulted from a December 2003 VA cervical spine surgery.

The Veteran's appeal is remanded due to the need for additional medical records and a VA examination to determine the current severity of his service-connected Gilbert's syndrome.

The Veteran's claim for reimbursement of unauthorized private medical expenses incurred at Atlantic Urological Associates on June 8, 2005 is being remanded due to the need for additional evidence and consideration under the amended provisions of 38 U.S.C.A. � 1725 and 1728.

The appellant is not recognized as the surviving spouse of the Veteran for VA benefits due to the invalidity and lack of deemed validity of her marriage under Philippine and VA laws.

The Veteran's claims for service connection for prostate enlargement and urethritis, as well as an acquired psychiatric disorder including depression and anxiety, are denied. The medical evidence does not establish current disabilities.

The Board has determined that additional development is needed to determine the etiology of the Veteran's cerebral aneurysm, including whether it was caused by or aggravated by any incident in service. The case will be returned to the RO for further action.

The Board finds that the Veteran's malignant neoplasm in the left maxillary/paranasal sinuses is not related to his service, and thus denies entitlement to service connection for this condition. The Board also finds that there is no evidence linking the Veteran's headaches to his service.

The Board denied the Veteran's claims for service connection for a growth on his left lung, stroke, and right eye ptosis due to lack of evidence showing these conditions were incurred in or aggravated by active military service.

The Board found that the appellant and the Veteran did not form a common law marriage prior to their 'actual' marriage on August [redacted], 2006, and thus could not be considered as the surviving spouse for VA benefits purposes.

The Veteran's appeal has been dismissed due to their death.

The Board has determined that the Veteran does not have a current bilateral eye disorder, and there is no evidence of any such condition during service or within one year after service. The claim for service connection for this condition is denied.

The Veteran's postoperative arthritis of the left foot metatarsophalangeal joint is currently rated at 10 percent, and the Board finds that a higher evaluation is not warranted.

The Board has remanded the case for further development and readjudication of the waiver of recovery of an overpayment of VA pension in the amount of $5,193.44.

The Board found that the Veteran's incisional hernia was not caused by VA carelessness, negligence, or error in judgment. The disability resulted from a surgical procedure performed under conditions where informed consent was provided.