Other conditions decisions — 2010

The Veteran's right hip disability, characterized by tenderness and pain on motion, does not warrant an evaluation in excess of the currently assigned 10 percent rating.

The Board has determined that the Veteran's cause of death was related to his service-connected asbestosis, and thus grants the claim for service connection for the cause of the Veteran's death.

The Board found that there is no current diagnosis of a left knee disorder and denied the Veteran's claim for service connection. The issue of service connection for a neck disorder was addressed in the REMAND portion of the decision.

The Veteran's service-connected hypertension is not manifested by diastolic pressure predominantly 100 or more requiring continuous medication for control, and thus a compensable rating is denied.

The Veteran's service-connected deviated septum, status post rhinoplasty, is manifested by difficulty breathing due to 80 percent occlusion of the right nostril. The criteria for an initial compensable disability rating have not been met or approximated.

The Veteran's appeal for a total rating based on individual unemployability (TDIU) is being remanded due to the need for further evidentiary development, including scheduling of a travel board hearing.

The Board denied the Veteran's claims for service connection for loss of use of the right hand and arthritis of the right hand. The decision found that there was no current disability related to his service-connected residuals of a right little finger laceration, nor any evidence linking it to his right hand.

The Veteran's service did not meet the eligibility requirements for nonservice-connected pension benefits as he served outside of a period of war and does not have any additional verified service.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she did not meet the requirements to be considered a legal common law marriage and thus was not entitled to VA death benefits.

The Board denied the Veteran's claims for earlier effective dates for a TDIU and DEA eligibility, finding that no earlier effective date was warranted as a matter of law.

The Board denied the appellant's claim for nonservice-connected pension benefits with special monthly pension (SMP) due to a lack of qualifying active duty service for 90 days or more during a period of war, as per VA regulations.

The Board denied the reopening of a claim for service connection for the cause of the Veteran's death due to lack of new and material evidence, as the submitted evidence did not provide information about the cause of death or how it is related to service.

The Board denied service connection for a brain tumor and the Veteran's claim of psychiatric disability. The decision found no evidence linking these conditions to active military service.

The Veteran's claim for an increased rating for residuals of a fracture of the left proximal humerus was granted, with a current rating of 20 percent. A separate 20 percent rating was also granted for peripheral neuropathy of the left upper extremity prior to May 23, 2008.

The Board has remanded the case for further examination and review of the Veteran's claims, including a VA psychiatric examination to determine if his noncardiac chest pain is related to an anxiety disorder or any other psychiatric condition.

The Board has denied the appellant's claim of entitlement to service connection for a bilateral foot disorder due to insufficient evidence supporting his claim.

The Veteran's appeal is being remanded to determine if his restrictive lung disease is related to service, specifically exposure to chemicals and fumes from burning oil wells during his military service. The VA will obtain all relevant records and schedule the Veteran for a new examination.

The Veteran's thoracic spine disability has been manifested by mild degenerative joint disease (DJD), severe limitation of motion, and no evidence of ankylosis or cord involvement. The Board found that the current rating of 20 percent adequately reflects his disability.

The Board found that the Veteran's right eye condition, which was present at entry into service and diagnosed as defective vision, did not undergo any permanent increase in severity during active duty. The Board concluded that there is no evidence of aggravation beyond natural progression.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred with Cayuga Emergency Physicians, LLP on July 1st, 2007 was denied as the claim was not filed within the required 90-day period.