Other conditions decisions — 2012

The Board found that the Veteran's urinary bladder disability existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board found that the Veteran's bilateral toe deformity was a congenital defect and not incurred or aggravated by active service. As such, service connection for his toe disability is denied.

The Board has determined that the appellant can be recognized as the Veteran's surviving spouse for purposes of VA death benefits, based on her long-term relationship with the Veteran and her legal status in Columbia.

The Veteran's cause of death, idiopathic pulmonary fibrosis, was not service-connected and no other conditions were found to be related to military service or exposure.

The Board has remanded the case for additional development, including a supplemental opinion from an examiner regarding the relationship of the Veteran's left eye disabilities to his service and any aggravation by his diabetes mellitus.

The Board found that the Veteran's abductor spasmodic dysphonia preexisted service and was not aggravated by active duty, thus denying his claim for service connection.

The Board denied the Veteran's attempt to reopen his claim for service connection for rheumatic valvulitis, inactive, with mitral insufficiency due to lack of new and material evidence.

The Veteran's claims for increased ratings and a compensable rating are being remanded due to the need for additional private medical records.

The Veteran's claim for an increased rating for his service-connected ulcerative colitis is being remanded due to the need for a new examination and additional records.

The Board has determined that proper notice was not provided to the custodian of the Veteran's minor child, J.P., and a hearing was not scheduled for her. The case is being remanded to provide appropriate notice and scheduling.

The Veteran seeks compensation under the 38 U.S.C.A. § 1151 for residuals of a perforated colon resulting from VA medical treatment in January 2008. The case is being remanded to obtain additional medical records and conduct further examination.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and scheduling VA examinations.

The Board found that the Veteran's current residuals of right hand median nerve injury is not related to his military service and denied his claim.

The Veteran's overpayment of $4,162.00 in pension benefits is denied as recovery would not be against equity and good conscience.

The Veteran's rectal cancer was not shown to have had its onset during service or be related to any disease or injury in service, including herbicide exposure. The Board found no probative value in the Veteran's contentions that his rectal cancer is a 'soft tissue' or 'multiple myeloma' type of cancers as per VA regulations.

The Board has determined that the Veteran's death was not caused by service-connected conditions, and thus service connection for cause of death is denied.

The Veteran's income exceeded the maximum annual limit for special monthly pension benefits with aid and attendance in 2010 but did not exceed the limit in 2011.

The Veteran's claims for service connection and special monthly compensation based on the need for regular aid and attendance or at the housebound rate are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the Veteran's right-side paralysis and dysphagia were not reasonably foreseeable outcomes of the June 2004 cervical diskectomy and fusion surgery by VA, thus granting compensation under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's bilateral forefoot degenerative joint changes, bilateral hallux valgus, and bilateral hallux limitus had their onset during his period of active service. The claim for these conditions is granted.