Other conditions decisions — 2012

The Board has determined that further development is needed before the claim for service connection for the cause of the Veteran's death can be decided. The appellant needs to be provided with VCAA notice, and VA will attempt to obtain terminal treatment records from a private hospital where the Veteran died. A VA physician should provide an opinion on whether the Veteran's metastatic liver cancer is related to his military service.

The Veteran's income exceeded the threshold required for cost-free medical care in 2007, and his eligibility status was subsequently adjusted by the VA. As a result, he is not eligible for treatment without copayment for the specified period.

The case is being remanded for further development, including securing a VA examination report and additional records. The Veteran's claim for TDIU will be reconsidered after these steps.

The Board has granted service connection for residuals of a bilateral eye injury and found that the Veteran's current scars are related to his in-service welding injuries. The claim for an initial, non-compensable rating for bilateral hearing loss is denied.

The Board denied service connection for the Veteran's claimed vision and macular degeneration disabilities, finding that there was no evidence of a nexus between these conditions and his military service.

The Veteran seeks service connection for a pulmonary disorder, including left hemi-diaphragm paralysis, which he claims is secondary to his cervical and thoracolumbar spine degenerative disc disease. The case has been remanded due to the need for additional medical examinations and consideration of new evidence.

The Board found no evidence of current nerve damage of the right lower extremity and denied service connection for this condition as it is not related to service or a service-connected disability.

The Veteran's service-connected multiple lipomas and sebaceous cysts have been rated at 10 percent for over a decade, but the current evidence does not support an increase in rating.

The Board found that the Veteran did not meet the criteria for an earlier effective date prior to May 26, 2000, for a total rating based on individual unemployability due to service-connected PTSD. The claim was raised through informal communication in October 1990 but it is not factually ascertainable from the evidence of record that the Veteran met the criteria for an award of TDIU prior to May 26, 2000.

The Board has determined that the Veteran's currently manifested interstitial lung disease and pulmonary fibrosis are causally related to asbestos exposure during active service.

The Board denied the appellant's claim for an increased monthly apportionment of the Veteran's VA benefits in excess of $64 on behalf of their child, finding insufficient evidence due to lack of cooperation from both parties.

The Board has determined that the appellant is not entitled to recognition as the Veteran's surviving spouse for VA benefits purposes due to her divorce from the Veteran in March 1972.

The Board has ordered the case to be remanded for additional development of information regarding J.H.'s income, expenses, and assets. The Veteran is asked to provide supporting documentation from J.H., including tax records and a list of her assets.

The Veteran's service connection claim for cerebral atrophy, right anterior cerebral dysfunction with essential tremor was denied as the evidence does not support a finding of chronic disability related to service. The eligibility for Dependents Educational Assistance (DEA) under 38 U.S.C. Chapter 35 was also denied.

The Veteran's service-connected right hallux rigidus has been manifested by pain, limited motion, stiffness and crepitus; he is currently assigned a rating of 10 percent, the maximum schedular rating available under Diagnostic Code 5281.

The Veteran's left hip disability is currently rated at 20 percent from January 12, 2010. The RO increased the evaluation to this level based on limitation of flexion and external rotation.

The Board has remanded the case due to the need for additional development of records from private treatment providers.

The Board has reopened the claim for service connection for a lung disorder, finding that new and material evidence has been submitted. The Veteran's left upper lobe cavity lesion with hemoptysis is considered to have originated in service.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for service connection for mixed connective tissue disease, including systemic lupus erythematosus, Sjogren's syndrome, scleroderma, and Raynaud's syndrome. The case is REMANDED to obtain medical records from SSA, contact Dr. G.S., and schedule a VA examination.

The Board has determined that the reduction of the Veteran's left eye corneal laceration rating from 30 percent to 10 percent was not proper, and restored the original 30 percent rating.