Other conditions decisions — 2011

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing as requested.

The Board has determined that additional development is needed to accurately account for the Veteran's use of educational assistance benefits prior to the appellant's application, and thus the case is being remanded.

The Board has remanded the case for clarification of whether the Veteran's current bilateral foot disorders are related to his active service, including two separate injuries and road marches. The Veteran is required to report for a VA examination or face potential denial of his claims.

The Veteran's residuals of a fracture of the 5th metacarpal of the right hand are currently rated as 10 percent disabling from May 3, 2010. The disability is productive of swelling, tenderness, painful limitation of motion, decreased strength and dexterity, and moderate functional impairment of the right hand in regards to grasping, pushing, pulling, twisting, probing, writing, touching, and expression.

The Veteran's appeal is being remanded to allow for additional development, including a VA examination and consideration of recent medical evidence. The claims will be reconsidered in light of the new information.

The Veteran's pseudotumor cerebri with residual loss of visual field was rated at 50 percent prior to March 18, 2005 and at 30 percent since then. The Board found no basis for higher ratings.

The Board has reopened the Veteran's claim for service connection for a stomach condition and remanded it for further development, including obtaining VA medical records and scheduling an examination to determine if his current stomach symptoms are related to his service-connected schizophrenia.

The Veteran's service-connected status post right hip fracture has been manifested by limitation of flexion to 110 degrees and pain with motion. The Board denied an initial compensable disability rating for this condition.

The Veteran's recurrent methicillin-resistant staph furunculosis has been rated at 60 percent since February 11, 2011.

The Veteran's right eye disability is rated based on impairment of visual acuity. The Board denied a rating in excess of 10 percent for the disability, finding that his corrected vision does not reach the level required for a higher rating under the applicable diagnostic codes.

The Veteran's service-connected fifth metacarpal of the right hand disability has been productive of subjective complaints of painful motion, warranting an initial compensable evaluation (10%) for this condition.

The Board has determined that the appellant's deceased spouse did not have qualifying service as a Veteran, and therefore, the appellant is not eligible for VA benefits.

The Veteran requested to withdraw the appeal, leaving no issues for review.

The Veteran's appeal for a rating in excess of 10 percent for his service-connected cephalgia has been dismissed due to his failure to provide necessary releases for pertinent evidence, resulting in the abandonment of the claim.

The Board has reopened the Veteran's claim for service connection for venous insufficiency in the left leg and granted the claim, finding that new evidence supports a current diagnosis of this condition.

The Board determined that the appellant's discharge from service is a bar to VA benefits due to his OTH discharge, which occurred because of persistent and willful misconduct.

The Veteran's child, M.B., is over the age of 18 and was enrolled in school at the time the appellant filed her claim for an apportionment. The appeal is denied as the requirements for an apportionment have not been met.

The Board found that the creation of the overpayment was valid for the period from September 1999 to October 1999, but not valid for the period after October 1999. The Veteran's claim for a waiver of the overpayment is granted.

The Board has determined that the Veteran's service-connected disabilities contributed substantially and materially to cause his death, which was due to congestive heart failure.

The Board found that the Veteran's metastatic squamous cell carcinoma of the tongue was not caused or contributed to by his military service, including exposure to Agent Orange.