Other conditions decisions — 2011

The Veteran's claim for service connection for residuals of a left hand middle finger fracture is being remanded due to the unavailability of his service treatment records. The Board will attempt to obtain private treatment records from Dr. Benjamin Sung and schedule the Veteran for a VA examination to determine if any diagnosed left hand middle finger disability is related to his active military service, including an inservice carpentry shop incident.

The Veteran's heart attack is found to be a result of the VA's failure to timely diagnose and treat his pre-existing coronary artery disease, which was exacerbated by an October 2003 motor vehicle accident. The Board finds that this constitutes a qualifying additional disability under 38 U.S.C.A. § 1151.

The Veteran's appeal is remanded due to the need for a new VA examination and additional medical records.

The Veteran's hairy cell leukemia is granted service connection as it is presumed to be associated with his exposure to Agent Orange during his military service.

The Veteran's degenerative changes in both hips do not meet the criteria for a higher evaluation under VA rating criteria.,Both hips are currently evaluated at 10 percent, with no evidence of ankylosis or other disabling conditions.

The Veteran's appeal has been dismissed due to his withdrawal of appeals on the issues of service connection for an eye disorder and a stomach disability.

The appellant disagrees with the amount of the apportionment awarded to her by VA. The case is being remanded for further procedural steps and consideration.

The Board has remanded the case due to an inadequate VA examination and the need for additional medical evidence, including a new orthopedic examination of the Veteran's bilateral foot disability.

The Board found that the Veteran's cerebrovascular accident, which caused his death in January 2007, was not related to any service-connected disability and thus did not meet the criteria for service connection for the cause of death.

The Veteran's appeal is remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Board has determined that the appellant's deceased spouse did not have qualifying service in the United States military, naval, or air service and therefore does not qualify for nonservice-connected death pension benefits.

The Veteran's claim of entitlement to service connection for bilateral pes cavus is being remanded due to the need for additional development, including obtaining VA treatment records and an examination to determine the etiology of any current foot disability.

The Board has determined that the Veteran's current left thigh muscle strain is related to his service-connected right foot disorder, and thus grants service connection for a left leg disorder.

The Board denied the Veteran's claims for service connection for residuals of breast cancer and a left arm disorder, finding that there was no evidence to support a nexus between her conditions and her active duty service.

The Board denied the appellant's claim for burial benefits, plot allowance, and interment allowance following the death of her father due to a lack of qualifying service in the Philippine Scouts or Philippine Commonwealth Army.

The Board found that the Veteran's TIA's and CVA were not caused or aggravated by military service.,Throughout the appeal, the service-connected left foot plantar fasciitis was shown to be productive of severe impairment with symptoms resistant to treatment.

The appellant's appeal is denied as he does not meet the basic eligibility requirements for VA pension benefits due to his service as a Philippine Scout, which does not qualify him for pension benefits.

The Board denied the Veteran's claims for compensation under 38 U.S.C.A. § 1151 for loss of vision in the right eye, deterioration of vision in the left eye due to a wrong size lens, and deterioration of eyesight due to use of Nasalide nasal spray. The evidence did not show that these conditions were caused by negligence or other fault on the part of VA treatment providers.

The Veteran's hallux valgus of the right and left feet are currently rated as noncompensably disabling.,An initial rating in excess of 10 percent for bilateral hallux valgus is not warranted at any time during the claims period.

The Veteran's appeal is being remanded for further development, including consideration of 38 C.F.R. � 4.56(b) and TDIU.