Other conditions decisions — 2011

The Veteran's medical expenses incurred at Mease Countryside Hospital from January 29, 2008 to February 1, 2008 are approved for payment by VA.

The Board has determined that the Veteran's right great toe injury and arthritis are not related to his active service, as there is no evidence of such an injury or condition within a year of separation from service. The preponderance of the evidence does not support the claim for service connection.

The Board has decided to remand the case for further development and consideration, including obtaining a medical opinion regarding the Veteran's exposure to asbestos during service on board specific ships.

The Board denied an increased evaluation for the Veteran's partial resection of transverse colon, finding that symptoms did not warrant a higher rating prior to November 20, 2009 and from that date forward. The current evaluation is 20 percent.

The Board has determined that the Veteran does not have gastroparesis, and any symptoms he experiences are more likely related to his service-connected diabetes mellitus. As a result, the claim for service connection for gastroparesis is denied.

The Veteran's claim for service connection for a left foot disorder is being remanded due to the need for additional development, including obtaining an examination and opinion regarding the etiology of any current left foot disorder.

The Veteran's appeal is remanded due to lack of recent VA treatment records and the need for a special VA aid and attendance/housebound examination. The case will be readjudicated after these actions.

The Veteran's service did not meet the threshold requirement for VA pension benefits as he did not serve during a period of war.

The Veteran is not entitled to additional compensation benefits for his dependent son's school attendance after the age of 18 as he did not file a timely claim.

The Board has determined that additional development is needed to substantiate the Veteran's claim for service connection for residuals of colon cancer, including whether exposure to asbestos during his active duty caused or aggravated this condition.

The Veteran's right thumb disability, resulting in painful motion with a gap no greater than one inch when attempting to oppose the thumb to the fingers, is rated at 10 percent under Diagnostic Code 5228.

The Veteran's claim for a higher initial level of special monthly compensation (SMC) based on the need for special aid and attendance or a higher level of care under 38 U.S.C.A. § 1114(r) was denied as she does not require daily skilled health care services provided by a licensed professional, nor is her family providing such care under supervision.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces.

The Board has remanded the TDIU claim due to an inextricably intertwined issue of a higher initial rating for spondylolisthesis. The Veteran's service-connected disabilities may affect his ability to work, and further examination is needed.

The Veteran's service-connected bilateral keratoplasty and nuclear sclerotic cataracts have been rated at 30 percent, effective August 26, 2005. The Board has determined that the current rating is appropriate as the disability does not meet or approximate criteria for a higher schedular rating.

The Board has determined that the Veteran's right foot bunion/hallux valgus deformity was aggravated by service, and therefore grants service connection for this condition.

The Board has determined that the appellant can be recognized as the Veteran's surviving spouse for VA benefits purposes, given her continuous marriage and separation from the Veteran was due to mutual consent without fault on her part.

The Board has remanded the case due to a lack of evidence showing that the Veteran was informed of the irrevocable nature of his election for Chapter 33 education benefits. The case will be returned for further development and readjudication.

The Board found that the Veteran's hyperhidrosis did not render him unable to handle paper or tools due to moisture and was unresponsive to therapy, thus denying a compensable rating.

The Veteran's residuals of removal of pterygium of the right eye do not warrant a compensable disability rating, either on a schedular or extraschedular basis.