Other conditions decisions — 2012

The Board has determined that the Veteran's TMJ disorder began during his period of active service and grants service connection for this condition.

The Board has determined that the Veteran's current left Achilles tendonitis began during service and is not aggravated by any pre-existing condition. Therefore, service connection for this disability is granted.

The Veteran's left leg varicose veins were evaluated at a 40 percent rating prior to January 13, 2009.

The Board has determined that the Veteran's left eye visual disorder is related to his active service and granted service connection for this condition.

The Veteran's pension benefits were terminated on July 1, 2006 due to excessive income. The case is being remanded for further development and consideration.

The Veteran's death was caused by a cerebrovascular accident, likely resulting from VA negligence in failing to prevent his fall and subsequent head trauma. The additional disability is attributed to the lack of proper care or negligent treatment on the part of VA caregivers.

The Veteran seeks compensation for additional right eye disability due to surgeries performed in January 2007 by VA. The claim is being remanded for further development, including obtaining consent forms and VA records.

The Veteran's capsulitis, status post surgery for hammertoes of the bilateral feet, is rated at a 10 percent rating due to moderate symptoms and impairment in one foot (left) with no more than mild right foot injury.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim as he is deceased.

The Board has determined that the appellant's late spouse did not have qualifying service in the United States Armed Forces, and thus she is not eligible for VA death benefits.

The appeal is being remanded to the RO for scheduling a Travel Board hearing.

The Veteran's service-connected peripheral vascular disease has been rated at 20 percent for each lower extremity. The Board granted a TDIU effective December 1, 2009.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran for the purpose of receiving VA death benefits, and thus remanded the issue of entitlement to VA death pension benefits.

The Board found that the appellant did not have qualifying service with the United States Armed Forces and therefore, denied legal entitlement to one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has ordered additional development to obtain VA treatment records from January 2006 and February 2006, which are believed to contain pertinent information related to the Veteran's lung disability. The case will be returned for further review.

The Veteran's surviving spouse filed a request for substitution of the claimant due to the death of the Veteran. However, as the law allowing for such substitution only applies to cases where the veteran died on or after October 10, 2008, and the Veteran died in January 2008, her request is denied.

The Board has determined that the Veteran does not have a current diagnosis of a bilateral leg disorder or a bilateral hip disorder, and any diagnosed conditions are not related to service or service-connected disabilities.

The Veteran's lung disability and skin disease claims are being remanded for further development due to exposure allegations.

The Veteran's initial claim for a compensable evaluation for her left quadriceps disability prior to July 30, 2010 was granted. From July 30, 2010 onwards, she is entitled to a rating of 10 percent.

The Veteran's appeal is being remanded due to the need for additional development and examination, particularly regarding his skin disorder and its relationship to PTSD. The issue of a compensable initial rating for hypertension remains pending.