Other conditions decisions — 2012

The appeal has been dismissed due to the death of the appellant.

The Veteran's claim for service connection for a left leg condition, including thrombophlebitis and post-phlebitic syndrome, is being remanded due to the need for further examination and opinion regarding the nature and etiology of his current left leg disability.

The Board has determined that there is no current evidence of tendonitis of the left leg and finds a preponderance of the evidence against service connection for this condition. The Veteran's claim for service connection for a left eye disability, to include diplopia, remains pending.

The Board has granted service connection for a chronic TMJ disorder, but denied service connection for a chronic dental disorder. The Veteran's TMJ disorder is linked to his service-connected right maxillary fracture residuals.

The Board denied the Veteran's claims for service connection for a pelvic disorder, depressive disorder, and headaches. The appeals were based on her assertions of in-service onset and continuity of symptoms, but VA medical examinations did not support these claims.

The Veteran has withdrawn his appeals for service connection for a respiratory disorder and an initial evaluation in excess of 30 percent for adjustment disorder with anxiety and a depressed mood. As such, the Board dismisses these issues.

The Veteran's claim for an increased disability rating in excess of 10 percent for post-operative residuals of spontaneous left pneumothorax is being remanded due to the need for additional development, including obtaining PFT results and scheduling a VA respiratory examination.

The Veteran's heart murmur and mitral valve prolapse were found to have pre-existed her service, and there is no evidence that the condition was aggravated by service. The Board concluded that a current heart condition is not related to service or a service-connected disability.

The Board has determined that the Veteran's duodenal ulcer warrants a 60 percent rating, which is the highest schedular rating available under DC 7305.

The Board has remanded the case for additional development, including obtaining a Financial Status Report and updating information on income and expenses. The appeal is denied as the Veteran's debt was not fully waived.

The Veteran's child is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to the appellant reaching her 26th birthday on or before the effective date of a finding of permanent and total service-connected disability.

The Board has determined that the Veteran's atrial fibrillation was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected disability. The criteria for entitlement to a TDIU are also not met.

The Veteran's left eye disability, characterized by symptoms of irritation and watering, did not meet the criteria for a compensable rating.

The Veteran's service-connected levoscoliosis with compression fractures of the spine is currently rated as 10% disabling, and there is no evidence of additional limitation or impairment that would warrant a higher rating.

The Veteran's initial ratings for his service-connected varicose veins of the right and left legs have been remanded due to insufficient clinical findings in a previous VA examination.

The Board granted the Veteran's claims for service connection for headaches and sinusitis as secondary to his service-connected nasal deformity with nasal airway obstruction, but denied a higher rating than 10 percent for this disability.

The Veteran's lumbar spine disability is manifested by degenerative disk disease, with objective observation of limitation in range of motion to no worse than forward flexion to 70 degrees and combined range of motion no worse than 160 degrees. It has not been shown to be productive of either muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis.

The Board finds that the appellant's husband had no recognized service in the armed forces of the United States, and therefore does not meet the criteria for eligibility for VA death compensation benefits.

The Board has dismissed the appeal due to the appellant's request for withdrawal of her appeals.

The Veteran's unauthorized medical expenses incurred at a private facility for emergency treatment of pancreatitis on June 8-10, 2007 are granted.