Other conditions decisions — 2012

The Veteran's appeal is being remanded due to the need for further development and consideration of his claim in the context of a heart disorder, specifically pulmonary hypertension.

The Board has remanded the claims for service connection due to issues regarding angina pectoris and a chronic skin disability, both claimed as resulting from mustard gas exposure during service. The Veteran's service treatment records are unavailable, and VA must attempt to obtain any additional pertinent medical records.

The Board has determined that the Veteran's service-connected right eye pterygium postoperative warrants a 10 percent disability rating effective April 21, 2011. The evidence did not show central visual acuity of 20/70 or 20/100 in one eye and 20/50 in the other eye, or 20/200 or 15/200 in one eye and 20/40 in the other eye.

The Veteran's claim for a TDIU rating is being remanded due to inadequate development and premature denial. The Veteran needs to provide information or evidence to support his claim.

The evidence does not show a current diagnosis of a left thumb disorder related to the Veteran's service. The Board finds no basis for granting service connection.

The Board found that the reduction in ratings for the service-connected left foot second toe metatarsophalangeal joint replacement from 30% to 10%, and then to 0%, was proper based on evidence showing improvement since surgery.

The Veteran's cause of death was listed as colon cancer, but there is no evidence to support presumptive service connection based on herbicide exposure. The Board denied the claim for service connection due to lack of a nexus between any disability and service.

The Board found no evidence to support service connection for the cause of the Veteran's death, concluding that his alcoholism was not related to his military service and contributed substantially to his death.

The Board has remanded the case for further development to determine if a common law marriage existed between the appellant and the Veteran, which would allow her to be recognized as his surviving spouse for VA death benefits.

The Veteran's appeal to have the effective date for his service-connected hiatal hernia with gastrointestinal reflux disease changed from March 8, 2001 to an earlier date was dismissed as a matter of law due to procedural issues.

The Veteran's appeal is remanded for additional development, including obtaining medical records and verifying her periods of service.

The Board has determined that the Veteran does not have a current left eye disability and finds no evidence linking any such disability to his service. The claim for an increased rating for dental disability is also denied.

The Board has remanded the case due to the need for a VA examination and additional development of evidence related to the Veteran's claims for service connection for bilateral hallux valgus and bilateral hammertoes.

The Board has remanded the case due to a lack of clarity regarding when and where the Veteran submitted his request for waiver of recovery of an overpayment, which may affect its timeliness.

The Board has determined that the Veteran sustained dental trauma during service and now has current residuals of this trauma, warranting service connection.

The Board has remanded the case for a Travel Board hearing at the RO in St. Petersburg, Florida.

The Veteran's appeal is being remanded due to the need for updated financial information and a re-adjudication of his claim.

The Veteran did not have a pending claim for VA benefits at the time of his death, and the appellant filed her accrued benefits claim more than one year after his death. Therefore, she does not meet the legal criteria to receive the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that the current left knee disability, degenerative joint disease, was not incurred in service or aggravated by a service-connected disability of the lumbar spine.

The Board has remanded the Veteran's claims for service connection due to deficiencies in obtaining relevant medical records, including from Walter Reed Army Medical Center and Brooke Army Medical Center. The AOJ is instructed to make additional efforts to obtain these records and provide proper VCAA notice regarding secondary service connection.