Other conditions decisions — 2012

The Veteran's claim for an increased initial disability rating for his service-connected lumbar spine disability was denied. The Board found that the evidence did not meet the criteria for a higher evaluation prior to April 13, 2011 and from April 13, 2011 onwards.,The Veteran's lumbar spine disability is currently rated as 20 percent disabling effective April 13, 2011. The Board noted that the evidence did not show incapacitating episodes requiring bed rest prescribed by a physician and treated by a physician.

The Board denied service connection for residuals of left iliac crest fracture and secondary service connection for muscle strain of groin region as aggravation of a hip injury due to lack of evidence supporting the claims.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and records.

The Board found that the cause of the Veteran's death, septicemia due to or as a consequence of AML, was not caused by service-connected conditions, including exposure to Agent Orange. The medical opinions provided did not support a link between the Veteran's AML and his inservice exposure to Agent Orange.

The Veteran's left hip disability, characterized by pain, a shallow acetabulum, and leg shortening, warrants a 30 percent evaluation from May 13, 1965 to November 30, 1995.

The Board has determined that the Veteran's residuals of a perforated left tympanic membrane, status post mastoidectomy and labyrinthectomy are etiologically related to service. As such, service connection is granted.

The Board finds that the overpayment of $3,339.73 was not properly created and grants the appeal.

The Veteran's left great toe hallux valgus with arthritis is currently manifested by occasional pain, but does not meet the criteria for a compensable rating as it does not involve resection of the metatarsal head or equivalent to an amputation.

The Board has determined that the Veteran's claims for service connection for residuals of a gunshot wound to the right great toe and for fracture of the right hand have been denied. The Veteran did not provide specific information regarding in-service treatment, which prevented VA from obtaining relevant records.

The Board has determined that service connection for the cause of the Veteran's death is not warranted as his cardiorespiratory insufficiency and liver cancer were not related to his active military service.

The Veteran seeks service connection for a skin disability, which includes lichen simplex chronicus. The Board has determined that additional development is needed to address the nature and etiology of his current skin disabilities, including whether any pre-existing conditions were aggravated by service.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for an increased rating for his service-connected hairy cell leukemia, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected cardiovascular residuals and to determine if he meets criteria for higher ratings. The case will also be reviewed to see if TDIU may be granted.

The Veteran's service-connected costochondritis is rated at a 10 percent disability rating, effective from the date of claim. The left eye disability was not found to be related to service.

The Board has denied the Appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of service as required by law.

The Board found no current diagnosis of a left eye disorder and concluded that the Veteran did not have a disability of the left eye incurred in or aggravated by service.

The Veteran's initial disability evaluation for retinal vein occlusion of the left eye was increased to 20 percent in February 2012. The Board found that a higher evaluation is not warranted based on current evidence.

The Board has denied the Appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a certification by the service department that he did not have the requisite service.

The Veteran's annual income exceeds the statutory limits for receipt of VA nonservice-connected improved pension benefits. The case is being remanded to consider whether he qualifies for special monthly pension (SMP) based on need for aid and attendance or housebound status, which could increase his maximum annual rate of pension.

The Veteran's hair loss disorder is rated under Diagnostic Code 7831, which requires a loss of hair limited to the scalp and face. The medical evidence does not show any loss of hair beyond the scalp and face, thus preventing a higher rating.