Other conditions decisions — 2011

The Veteran's appeal for an increased evaluation of his service-connected orchalgia and orchiopexy was dismissed due to the Veteran withdrawing his appeal for TDIU. The case is now remanded for additional development including VA examinations, employment information gathering, and consideration of extraschedular evaluation.

The Veteran's appeal is remanded for additional development, including obtaining his vocational rehabilitation folder and affording him a VA examination to determine the effect of his service-connected disability on his employability.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claim for service connection for chronic constipation, including obtaining updated VA treatment records and scheduling a VA examination.

The Veteran's treatment at Freeman Hospital from June 11 to June 20, 2008 was deemed an emergency due to his severe stroke symptoms. The Board found that a prudent layperson would have reasonably viewed the visit as an emergency and that delaying immediate medical attention would have been hazardous to life or health.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to a monetary allowance under 38 U.S.C.A. § 1805 for an individual suffering from spina bifida whose father is a Vietnam veteran, and the appellant meets the criteria for such benefits.

The Board found that the appellant did not meet the requirements to be recognized as the surviving spouse of the Veteran for VA death pension benefits due to her living with another person after the Veteran's death and holding herself out publicly as their spouse.

The Veteran's claims for increased ratings for right and left proximal femur stress fracture residuals were denied as the evidence did not meet the criteria for a higher rating. The claim to reopen the hip disability previously characterized as pelvic pain and abductor tendonitis of the skeletal system was also denied due to lack of new and material evidence.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's claims for service connection for a brain tumor due to Agent Orange exposure, residuals of a left arm/shoulder disability, and TDIU are being remanded for further development.

The Veteran's gout has been rated at 20 percent since March 17, 2009. The Board finds that the evidence supports this rating as there is one or two exacerbations a year in a well-established diagnosis.

The Veteran's claim for an earlier effective date for TDIU was denied by the Board, and this decision is final.

The Board found no current lung disability and concluded that the Veteran's claimed lung disability is not related to his active service.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this claim as he is no longer alive.

The Board found that the current stomach disease was not incurred in or aggravated by service and could not be presumed based on the one-year presumption for a chronic disease. The Veteran's claim of service connection for peptic ulcer disease was denied.

The Board has reopened the claim of entitlement to recognition as the surviving spouse of the Veteran and granted it, based on new evidence that supports a valid common law marriage.

The Board found no evidence of a current disability related to the Veteran's claimed bilateral foot and toenail disorder, as there is no post-service medical evidence showing such a condition. The VA examiner concluded that the Veteran's feet were normal with no residuals from the reported injuries during service.

The Board denied the Veteran's claim for service connection for residuals of a cerebrovascular accident (CVA), claimed as stroke, finding that there was no evidence to support a nexus between his current condition and his military service.

The Veteran's claim for service connection for residuals of a neck injury is being remanded due to the need for additional development, including obtaining treatment records and scheduling a VA examination.

The Board has determined that additional development is needed to address the Veteran's claim for service connection for dizziness, including addressing whether it is at least as likely as not caused or permanently worsened by his service-connected disabilities. The case will be remanded for further action.

The Board has granted a separate initial 10 percent rating for each of the Veteran's corns of the bilateral fifth toes, effective July 28, 2004.