Other conditions decisions — 2010

The Veteran's residuals of cold injury to the bilateral feet have been found to warrant a 30 percent evaluation, which is the highest schedular rating available under Diagnostic Code 7122.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA records and a VA examination to assess the current severity of her right foot condition. The claim for an extension of a temporary total disability rating for convalescence beyond May 31, 2008, following left foot surgery in April 2008 is also being remanded.

The Veteran's HPV was diagnosed in service and has been continuous since then, meeting the criteria for service connection.

The Board has determined that the service member's spinocerebellar degeneration and ataxia began during his active duty, and he is unable to take care of himself without regular assistance. Therefore, service connection for these conditions is granted, and special monthly compensation based on need for aid and attendance is also granted.

The Veteran's claim for an increased rating for residuals of a crush injury with fracture of the left great toe is remanded due to insufficient evidence. The claim for service connection for a left knee and ankle disability, to include as secondary to service-connected disability, is also remanded.

The Board has determined that the Veteran's right rib condition is service-connected, with no specific rating assigned and no effective date provided.

The Board has determined that the appellant does not meet the basic eligibility criteria for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service.

The Veteran's gluteal sarcoma and pulmonary cancer are being remanded for further development to determine if they are related to service, specifically asbestos exposure.

The Veteran's claim for a disability rating in excess of 40 percent for right sacroiliac arthritis was denied. His TDIU claim was also denied.

The Veteran's death was caused by lung cancer, which is a presumptive disability due to exposure to ionizing radiation during military service in the vicinity of Nagasaki and Hiroshima. The Board granted service connection for the cause of death.

The Veteran's appeal is being remanded for a VA examination to determine if his pulmonary disability is related to military service, specifically exposure to Valley Fever during his time at Camp Parks in California.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board finds that the Veteran's current lump on the right hand, as likely as not, had its onset during his active service. Therefore, service connection is granted.

The Board denied service connection for peripheral neuritis and a separate compensable disability rating for scar residuals of the abdomen. The Veteran's claim for an increased rating for shrapnel wound residuals was also remanded.

The Board found that the Veteran's right hip disorder existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board found that the Veteran does not meet the requirements for service connection for residuals of a jaw injury, as there is no evidence showing loss of substance of the maxilla or mandible due to trauma or disease. The claim was denied.

The Veteran's right Achilles tendon rupture, with surgery, is currently rated as 10 percent disabling prior to July 15, 2010. From that date forward, the Veteran is entitled to a higher rating of at least 10 percent for this condition. The left Achilles tendon rupture does not warrant any compensable evaluation.

The Board has determined that there is no evidence to support the Veteran's claim of a current and chronic prostate disorder related to service.

The Veteran's TMJ disability is rated at a 10 percent rating since service connection was granted.

The Board has ordered reconsideration of the special monthly compensation based on the need for regular aid and attendance, for purposes of accrued benefits. The case is remanded to ensure that the appellant receives due process by providing her with a statement of the case containing applicable laws and regulations.