Other conditions decisions — 2011

The Board has determined that the Veteran's right great toe disability warrants a staged rating of 10 percent prior to June 3, 2009 and an increased 20 percent rating from that date.

The Board has granted an initial 10 percent rating for post-operative mitral valve prolapse with mitral regurgitation, effective from December 17, 2003.

The Board has determined that the Veteran's agoraphobia is related to his service, and thus grants service connection for this condition.

The Board found that the Veteran's current bilateral eye disorders, including pinguecula and presbyopia, are not related to his active service. The evidence does not support a finding of in-service injury or disease resulting in these conditions.

The Board has dismissed the appeal pertaining to entitlement to a TDIU as such has already been granted and there remains no justiciable case or controversy before the Board at this time.

The Board has decided to remand the Veteran's service connection claim for residuals of gall bladder removal, including as due to exposure to ionizing radiation. The case will be returned to the agency of original jurisdiction (AOJ) for further development and consideration.

The Veteran's varicose veins of the right lower extremity are rated at 40 percent, and her TDIU claim is denied as her service-connected disabilities do not preclude all forms of substantially gainful employment.

The Board has determined that service connection is granted for the Veteran's cause of death, as hydrocephalus, a contributory cause of death, was related to his in-service traumatic brain injury.

The Board has determined that the appellant can be recognized as the surviving spouse of the Veteran for purposes of basic eligibility to DIC, death pension, and accrued benefits due to mutual consent for separation without fault on her part.

The Board has determined that the Veteran's gout did not have its onset in service or within one year thereafter, and is not otherwise related to any incident of service. The VA examiner opined that the gout was not caused by or a result of antihypertensive medications.

The Veteran's disabilities of the left third, fourth, and fifth fingers likely had onset during service. The Board finds that the Veteran should be given the benefit of the doubt that her conditions are related to service.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and initial evaluation of PTSD. The Veteran will be provided with a VA examination to determine if his left elbow epicondylitis is related to his service-connected right shoulder disability, and treatment records from the VA CBOC in Fredericksburg, Virginia, as well as any private facility where he received PTSD treatment, will be obtained.

The Veteran's appeal is being remanded for scheduling a travel board hearing at the RO. The issues of service connection and TDIU are pending.

The Board finds that the Veteran's claim for service connection for a right eye disorder (claimed as residuals of a right eye injury) is denied because his contention that he has not been able to see clearly since the service injury in January 1957 is not credible, and there is no evidence supporting this claim.

The Veteran's claim for an increased disability rating for her compression fractures of T7, 9, and 10 is being remanded due to the need for further examination to assess the current level of disability and whether bowel disturbances are related to her service-connected back disability.

The Board has determined that the Appellant did not have sufficient active service to qualify for VA nonservice-connected disability pension benefits.

The Board has determined that the claims should be remanded for further action, including VCAA notice and representation rights.

The Veteran's appeal for TDIU benefits has been dismissed due to his death.

The Veteran's cause of death, metastatic adenocarcinoma, is not considered a soft-tissue sarcoma and therefore does not fall under the presumptive service connection for Agent Orange exposure. The cancer was not related to his military service.