Other conditions decisions — 2010

The Board has remanded the case for an updated VA medical examination to determine the nature and etiology of the Veteran's claimed bilateral hand disorders.

The Board denied the Veteran's claims for service connection for high cholesterol and heartburn, finding no new and material evidence to reopen her claim for high cholesterol. The Board also determined that there was insufficient evidence linking her current heartburn to active duty service.

The Board has decided to remand the case for further development, including obtaining VA medical treatment records and scheduling a VA examination.

The Veteran's Porphyria Cutanea Tarda (PCT) is found to have been incurred in service due to exposure to herbicides, specifically Agent Orange. As a result, the claim for service connection is granted.

The Veteran's overpayment of $7,701.00 for his spouse was waived due to the lack of fault on VA's part and the Veteran's material fault in not reporting a change in dependency status.

The Board denied the appellant's claim for DIC benefits as she was not legally married to the Veteran at the time of his death, and therefore is not eligible for such benefits.

The Veteran's lung disability, including any resulting scars, needs to be re-evaluated due to the lack of a complete pulmonary function test. The case is remanded for further examination and readjudication.

The Veteran's service-connected residuals of bilateral testicular torsion surgery do not meet the criteria for a higher disability rating, as his condition does not warrant a rating in excess of 10 percent.

The Veteran's claim of service connection for arthritis is being remanded due to the need for additional VA examination and treatment records.

The Veteran's appeal is remanded due to conflicting evidence regarding the nature of his ocular symptoms and whether they are related to his service-connected Bell's palsy. The case will be returned for further development, including obtaining VA treatment records and a VA eye examination.

The Board has remanded the case due to unclear service records and the possibility that the Veteran's currently diagnosed gout is manifested by symptoms in his left elbow and/or left great toe. The Veteran needs a VA examination to determine if his gout began during active military service or period of ACDUTRA, and whether his left great toe and left elbow problems are manifestations of gouty arthritis or gout attacks.

The Veteran's appeal for an initial, compensable rating for calcified pleural plaques has been dismissed as the appellant withdrew their appeal.

The Board has determined that the surviving spouse is eligible for non-service-connected death pension benefits, given her minimal net worth and expenses.

The Board denied the appellant's claim for DIC death benefits and accrued benefits as a child of the Veteran due to lack of legal merit, as he is not eligible based on his age and other eligibility criteria.

The Board denied the appellant's claim for DIC death benefits and accrued benefits as a child of a Veteran due to lack of legal merit, as he is not eligible based on his age and other eligibility criteria.

The Board found that the overpayment of $13,814.80 was validly created due to a fraud scheme perpetuated by 60 Veterans enrolled at Ramon Magsaysay University in the Philippines.

The Board has remanded the case for additional development due to missing dental records from certain doctors.

The Veteran's appeal was dismissed as the authorized representative withdrew it at a videoconference hearing.

The Veteran's service-connected neurogenic bladder was initially rated at 30 percent from May 10, 2002 to October 26, 2006. From October 5, 2005 to August 21, 2007, the Veteran received a 40 percent evaluation for this condition. The Veteran's service-connected fecal incontinence was rated at 100 percent effective March 19, 2009.

The Veteran's claim for an increased evaluation and a TDIU was denied. The Board remanded the case to consider extraschedular consideration, entitlement to SMC, and whether the Veteran is entitled to a total disability rating based on individual unemployability.