Other conditions decisions — 2011

The Veteran's claim for an earlier effective date for the award of service connection for residuals of a neck injury, to include on the basis of clear and unmistakable error (CUE) in a May 16, 1996 RO rating decision, is denied as there was no CUE.

The Veteran's left hip avascular necrosis was rated at 20 percent prior to January 12, 2009 and increased to 30 percent from that date onward.

The Board has determined that the Veteran's left fifth metatarsal fracture was incurred as a result of his service-connected pes planus, and therefore grants service connection for this condition.

The Board has requested clarification on the factual basis of a VA examination report due to discrepancies between service treatment records and the examination report. The case is being remanded for further review by an appropriate medical professional.

The Veteran's left ring and little finger disability, which included a fracture of the ring finger, was not found to warrant an initial compensable rating as there was no evidence of loss of use or significant functional impairment.

The Veteran seeks service connection for a moderate obstructive lung defect. The Board has determined that additional development is needed, including obtaining the complete record of her service and providing her with an examination to determine the nature and etiology of her current lung disorder.

The Board found that the reduction of the Veteran's pension benefits to the annual rate for a married Veteran who is not living with his spouse and does not reasonably contribute to the support of his spouse as of August 1, 2006 was proper.

The Veteran's claim for an initial compensable rating for bilateral Achilles tendonitis is being remanded due to the need for a new VA examination and additional medical records.

The Board denied an increased evaluation for the Veteran's service-connected paralysis complete long thoracic right nerve, finding that the current rating of 30 percent adequately reflects his symptoms and disability.

The Board denied the Veteran's claim for service connection for uncontrolled pronation and joint hypermobility, finding that her current disability is related to her already service-connected bilateral plantar fasciitis.

The Veteran's varicose veins in both legs are currently rated at 10 percent, and the RO has assigned this rating based on a May 2008 VA examination. The Veteran asserts that his condition has worsened since then, and he requests a new VA examination to determine if an increased rating is warranted.

The Veteran is eligible for educational assistance benefits under Chapter 30 of the United States Code due to her separation from active duty service in the U.S. Navy, which was due to a personality disorder that interfered with her performance of duties.

The Veteran's eye disability was not caused or aggravated by his service, and the Board denied his claim for service connection.

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

The Veteran's claim for a temporary total rating based on convalescence following his March 2001 lower back surgery is denied as he did not require any convalescence and had no severe post-operative residuals.

The Board denied the Veteran's claim of service connection for a neurosis, finding that his account of having disabling psychiatric symptoms beginning in service was not credible and that there is no evidence linking his claimed condition to service or any presumptive exposure.

The Board has remanded the case for further development and consideration of new evidence submitted by the Veteran.

The Board has determined that the reduction in the rating for the service-connected right knee disability from 40 percent to 10 percent, effective June 1, 2004, was proper. The Veteran's claim for an increased rating remains pending.

The Board found that the Veteran's death was not caused by a service-connected disability, including any presumed exposure to herbicide agents in Vietnam.

The Veteran's claim for a compensable rating for her service-connected prolapsed uterus has been denied as there is no evidence of the condition within one year prior to her January 2006 claim.