Other conditions decisions — 2011

The Veteran's claims for service connection for a right eye condition and prostate condition to include as secondary to Agent Orange exposure are being remanded for further development.

The Board has determined that the appellant cannot be recognized as the Veteran's surviving spouse for purposes of Dependency and Indemnity Compensation (DIC) benefits due to a lack of evidence establishing a valid common law marriage.

The Board dismissed the appeal due to the death of the appellant, as it has no jurisdiction to adjudicate the merits of this claim.

The Veteran's vocal cord (larynx) carcinoma is presumed to be due to herbicide exposure in service, and the claim for service connection is granted.

The Board has dismissed the appeal as there is no justiciable case or controversy due to a previously granted waiver of recovery for an overpayment.

The appellant is not eligible for VA DEA benefits under Chapter 35, Title 38, United States Code as she exceeded the age limitation provided by law for commencement of Chapter 35 benefits (as well as the age limitation for any eligibility for Chapter 35 benefits).

The Board has determined that W.M.H. is the Veteran's natural child and grants her recognition as a child for VA benefits purposes.

The Veteran seeks service connection for a right leg condition, which he claims is related to an injury sustained during active duty. The Board finds that additional development is necessary due to the lack of current medical records and incomplete service treatment records.

The Veteran's service-connected left and right lower leg fatigue and weakness are rated at 40 percent each, meeting the criteria for a higher evaluation. The TDIU issue is not addressed as it pertains to other disabilities.

The Veteran's claim for an initial compensable disability rating for his service-connected amputation of the left fourth finger is being remanded due to the need for a new VA examination and additional private treatment records.

The Veteran seeks payment or reimbursement for unauthorized medical expenses incurred at a private hospital between November 19, 2008 and November 20, 2008. The case is being remanded to obtain additional records and determine if the Veteran could have been safely transferred to a VA facility.

The Veteran's appeal for a clothing allowance has been dismissed due to his death.

The Veteran's restrictive pulmonary disease with interstitial fibrosis and biopsy of necrotizing granulomatosis resulted in forced vital capacity (FVC) between 50-64 percent of predicted FVC during the initial rating period from November 3, 2005 to February 18, 2010. For the subsequent rating period beginning February 19, 2010, his FVC was between 65-74 percent of predicted FVC.

The Veteran's service-connected renolithiasis is rated at a 10% disability effective June 26, 2009. Prior to that date, the condition did not meet criteria for a compensable rating.

The Board has determined that the Veteran's current right elbow disorder is related to his active military service and grants service connection for this condition.

The Board finds that the Veteran's bowel and bladder incontinence are not secondary to his service-connected back disorder, as evidenced by VA examination reports and medical records indicating no structural abnormalities or damage to the spinal cord. The evidence does not support a finding of nerve damage from the service-connected back injury.

The Board has remanded the case for a VA examination to determine if the Veteran's current arthritis of several joints is related to his in-service joint pain. The claim will be adjudicated again after this development.

The Board has determined that the Veteran's current left testicular spermatocele is related to his in-service injury, resulting in service connection being granted.

The Veteran withdrew his appeals for the claims of increased rating for malaria, service connection for bilateral eye pain, and polycythemia. The appeal is dismissed.

The Board has remanded the case due to incomplete records and issues in service connection for a cardiac disability other than right bundle branch block. The Veteran's appeal is now pending again.