Other conditions decisions — 2011

The Board has determined that the appellant is not eligible to be recognized as the Veteran's surviving spouse for VA benefits due to the lack of valid marriage documentation and the failure to meet VA criteria.

The VA denied the appellant's claims for an initial disability evaluation in excess of 10 percent for arthritis of both hips, finding that the current range of motion and symptoms do not warrant a higher rating under the applicable diagnostic codes.

The Veteran's service-connected stress fractures of the bilateral lower extremities do not meet the criteria for a compensable rating as there is no evidence of malunion or slight knee/ankle disability.

The Board found that the Veteran does not have a diagnosed disorder manifested by problems with memory. The preponderance of the evidence demonstrates that his complaints are consistent with normal aging rather than any cognitive diagnosis.

The VA examiner found no thoracic spine disability and opined that the Veteran's symptoms are more likely related to his service-connected lumbar spine condition rather than a separate thoracic spine issue.

The Board has determined that the Veteran's skin disability, including Hidradenitis suppuritiva and Favre-Rachouchot, is related to his service due to a history of 'boils' during service. As such, the claim for service connection is granted.

The Board found that the Veteran's patellofemoral syndrome of the right knee, with full range of motion and no X-ray evidence of arthritis or degenerative joint disease, did not meet the criteria for a higher rating than 10 percent.

The Board found that the Veteran's left inguinal hernia is not related to his active military service and denied his claim for service connection.

The Veteran's claim for service connection for subcortical dementia, claimed as brain dysfunction, is being remanded due to the need to obtain additional medical records and consider a recent letter from Dr. Pollen.

The Board has remanded the case due to outstanding medical records and inextricably intertwined claims for service connection.

The Board has remanded the case for additional development, including obtaining inpatient psychiatric treatment records and service personnel records. The Veteran's current mailing address needs to be clarified, as well as his potential fiduciary status.

The Board has determined that the overpayment of VA compensation benefits in the amount of $5,969.60 was improperly created and therefore grants the Veteran's appeal.

The Veteran's service-connected somatization disorder with hypochondriasis does not meet the criteria for special monthly compensation based on need for regular aid and attendance or at the housebound rate, nor does he have loss of use of his right foot.

The Board has determined that additional development is needed to determine if the Veteran's varicose veins in his left lower extremity are related to service, specifically a reported 1974 leg injury. The case will be remanded for further action.

The Veteran's claim for an increased rating for his service-connected right hand weakness, probable dystonia is being remanded due to the need for a new VA examination to assess the current level of severity.

The Veteran died from cardiogenic shock, respiratory failure, and urosepsis. The Board found no evidence of a service-connected condition that caused or contributed to the death.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 for a heart disability resulting from July 2007 surgical implantation of an internal defibrillator device and for left foot surgery have been denied due to lack of evidence showing that the disabilities were caused by VA care, treatment or examination.

The Veteran's decubitus ulcer developed during a hospitalization at the VA Medical Center in Dallas, Texas. He claims improper care led to his condition and requests compensation under 38 U.S.C.A. § 1151.

The appellant is not eligible for VA death benefits as a surviving child of a veteran, to include accrued benefits and payment from the FVEC fund.

The Veteran does not have a separately diagnosed disorder manifested by left leg and thigh pain that is secondary to his service-connected degenerative disc disease of the lumbar spine. The Board finds no evidence supporting this claim.