Other conditions decisions — 2010

The Veteran's appeal is being remanded for a more contemporaneous VA examination to evaluate the severity of his left leg varicose veins, and for obtaining complete treatment records from various VA medical centers.

The Board finds that the RO properly reduced the appellant's VA death pension benefits based on her receipt of income from SSA benefits effective July 1, 2005.

The Board has decided to remand the case for additional development due to inadequate VCAA notice.

The Veteran's skin disorder of both feet was not incurred in or aggravated by active service. The Board found no current evidence of a skin disorder and denied the claim.

The Veteran's claim for an increased rating for duodenal ulcer was denied. His claims to reopen his skin disorder and diabetes mellitus service connection were also denied.

The Board has granted a higher rating of 30 percent for the Veteran's hiatal hernia, which causes persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal pain. This meets the criteria for a 30 percent rating under DC 7346.

The Veteran's claims for increased evaluations of his right upper extremity disorders were denied. The RO assigned a 10% evaluation for the service-connected lumbosacral muscle strain with degenerative disc disease, effective September 27, 2007.

The Board found that reinstatement of the payment of a special apportionment of the Veteran's disability compensation benefits to his estranged spouse, L.M., was not proper and should remain terminated.

The Board found that the Veteran's right leg musculoskeletal disability, including poor circulation and a skin condition, was not incurred in or aggravated by service. The claim for secondary service connection to his existing right knee disorder was also denied.

The Veteran's service-connected osteomyelitis of the right lower extremity is currently rated at 60 percent, reflecting frequent episodes with constitutional symptoms.

The Board found that the Veteran's service-connected enucleation of the left eye did not cause or contribute substantially to his death from cardiovascular disease. The Board concluded there was no causal relationship between the enucleation and the Veteran's cardiovascular problems, which were present prior to his separation from service.

The Veteran's claims are being remanded for additional development, including obtaining VA and SSA records, ensuring proper VCAA notice, and scheduling a VA examination if necessary.

The Veteran is requesting a hearing before the Board to determine if new and material evidence has been presented to reopen his claim for service connection of Asperger's syndrome. The case is being remanded due to the Veteran not appearing for the scheduled hearing.

The Board found that the appellant timely provided her medical expense information for 2004, which was prior to December 31, 2005. Therefore, the appellant's claim for an adjustment to nonservice-connected pension benefits based on her 2004 medical expenses was granted.

Your appeal is being remanded to the RO for scheduling a travel board hearing. The Veteran's right elbow disorder claim will be further evaluated after the hearing.

The Veteran's appeal for payment of or reimbursement for unauthorized medical expenses incurred at Lakeland Regional Medical Center from May 8, 2004, to May 15, 2004 has been withdrawn by the appellant's representative.

The Veteran's service-connected varicose veins of the right and left lower extremities render him physically helpless in performing activities of daily living or protecting himself from environmental hazards, warranting special monthly compensation based on need for regular aid and attendance.

The Veteran's service does not meet the threshold eligibility requirements for nonservice-connected pension benefits as he did not serve in a period of war.

The Veteran's claim for service connection for pulmonary disease was denied as there is no evidence of a current disability and the brief instances of treatment during service did not result in any chronic condition.

The Veteran's claim for educational assistance benefits beyond the March 11, 2008 delimiting date was denied as there were no legally recognized exceptions to the 10-year period of eligibility.