Other conditions decisions — 2012

The Veteran's claim for a higher initial evaluation for his service-connected right knee disability was denied as the evidence did not show recurrent subluxation or lateral instability, and he is currently rated at 10 percent under DC 5010.

The Board has granted service connection for right lower extremity weakness and right foot drop, which are secondary to the Veteran's service-connected residuals of a right ankle avulsion fracture. As this represents a complete grant of the benefit sought on appeal, no further action is required in these matters.

The Board has granted the application to reopen a claim for service connection for a liver disability. The underlying issue of service connection is addressed in the REMAND portion and is being remanded to the RO via the Appeals Management Center (AMC).

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

The Veteran's residuals of a fractured left great toe with traumatic arthritis are manifested by severe foot injury, including constant pain, severely altered gait, and ankylosis. The Board finds that the criteria for a 30 percent rating have been met.

The Board found that the Veteran's current colitis and diarrhea were not related to his military service, including any exposure to herbicides like Agent Orange.

The Veteran's service-connected status post liver laceration was granted, but assigned a zero percent evaluation.

The Veteran's service-connected residuals of a fractured mandible are currently rated at 30 percent, but the evidence does not support an increase in this evaluation.

The Veteran's claims for service connection for right and left arm disabilities are denied as there is no current evidence of such conditions.

The Veteran's dysthymia has been rated at 50 percent since May 31, 2007, reflecting moderate occupational and social impairment.

The Board has determined that the Veteran's right foot ulceration and osteomyelitis were not incurred in or aggravated by his military service.

The Veteran's cause of death was not service-connected, and the Appellant did not meet the requirements for DIC under 38 U.S.C.A. § 1318.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining medical records from the Veteran's treatment providers. The claim will be reconsidered after these actions.

The Board found that an effective date prior to January 23, 2006, for the award of service connection for left ventricular hypertrophy (later recharacterized as hypertensive cardiovascular disease) is denied. The Veteran's right shoulder disability claim remains pending and requires additional development.

The Veteran's claim for an increased evaluation for his service-connected status post amputation of left second toe with sclerosis and arthrosis of first tarsometatarsal joint, great toe metatarsal phalangeal joint, and talonavicular joint was denied. The RO continued the 10 percent evaluation based on arthritis in the right great toe.

The Board has remanded the case due to new evidence submitted by the Veteran and a need for updated financial status reports. The appellant's October 2008 substantive appeal content will also be provided to the Veteran.

The Board found that the Appellant's character of discharge from his first period of active duty (August 1971 to March 1973) was under other than honorable conditions due to AWOL, which bars him from receiving VA benefits.

The Board has remanded the case due to the need for additional medical opinion regarding whether the Veteran's service-connected allergic rhinitis causes or aggravates his current otitis externa.

The Board is remanding the case for further development and consideration of the propriety and amount of an overpayment of VA disability compensation benefits, including whether the Veteran was a fugitive felon resulting in termination of compensation benefits.

The Board has determined that additional development is needed in order to make a decision on the Veteran's claims for service connection and special monthly pension. This includes obtaining records from SSA, scheduling a VA skin diseases examination, and scheduling a VA general medical examination.