Other conditions decisions — 2013

The Veteran's service-connected right hip disability, specifically trochanteric bursitis, is currently rated at 20 percent for limitation of abduction. The claimant also has a separate rating of 10 percent for limitation of flexion prior to June 12, 2012.

The Veteran's appeal is being remanded to the RO/AMC for additional development, including obtaining updated medical records and scheduling a VA examination. The examiner will provide opinions on whether the benign gastric tumor had its onset during service, was aggravated by service, or was due to exposure to chemical herbicides in Vietnam.

The Board has determined that the Veteran's right ankle disability, which includes a spiral fracture of the right distal fibula and associated pain, is not related to his in-service injury. The claim for service connection is denied.

The Board has remanded the case due to the need for a VA medical opinion regarding whether the Veteran's death was caused by his service-connected conditions, including exposure to Agent Orange. The appellant seeks service connection for the cause of her husband's death.

The Veteran is seeking service connection for a bilateral hand disability, claimed as trigger finger and arthritic hands. The case is remanded to determine if the condition is related to his military service.

The Board found that there is no evidence linking the Veteran's current diagnosis of idiopathic fibrosing mediastinitis to his military service, and thus denied the claim for service connection.

The Veteran's dysthymic disorder has been rated at 30 percent since September 28, 2006. The left shoulder post-operative scar has also been rated at 10 percent since that date.

The Veteran's son, R.D.Z., is not eligible for DIC benefits due to his marriage and divorce status.

The Veteran claims service connection for shrapnel wounds to his left leg and buttocks, which he contends occurred during service in Vietnam. The VA has not provided a VA examination or obtained all relevant treatment records to address the claim.

The Board has determined that the Veteran's supraventricular arrhythmias meet the criteria for a 30 percent evaluation, effective from the date of the decision.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and seeking private medical records from Dr. McClellan.

The Veteran's hiatal hernia is currently rated at 10 percent, and the Board finds no evidence to support a higher rating based on his symptoms.

The Veteran's incisional hernia is not considered to be the result of VA carelessness, negligence, or similar fault. The Board finds that the evidence does not support a finding that the hernia resulted from any event not reasonably foreseeable.

The Board has remanded the case for additional development, including obtaining updated medical records and arranging for an examination of the Veteran's calves. The issue is to determine if service connection can be established for right and left calf strains.

The Veteran's service connection claim for the residuals of a left ear tympanic membrane rupture was denied as there is no current evidence of any residual disability related to his in-service injury.

The Board has reopened the Veteran's claim for service connection for a bilateral leg disorder as secondary to his service-connected low back disability. However, it was determined that there is insufficient evidence to establish causation or aggravation of the leg disorder by the low back disability. The claim for an increased rating for the low back disability remains unresolved.

The Veteran's claim for service connection for a heart condition is being remanded due to incomplete verification of his Reserve military service and the need for a VA examination.

The Board has granted a partial waiver of the Veteran's compensation overpayment indebtedness from November 1, 2004 to September 30, 2010 and denied recovery of the remainder of the compensation overpayment indebtedness from July 1, 2000 to October 31, 2004.

The Veteran's son, M.T.D., was awarded $10,859 out of the VA benefits due and owed to the Veteran at his death as reimbursement for the costs of the Veteran's funeral. The appellant and her three siblings have provided evidence showing they each also bore the cost of the Veteran's last illness at an assisted living facility in equal shares. As a result, the appellant is entitled to one-fourth of the remaining accrued benefits due and owed to the Veteran at his death.

The appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore is denied legal entitlement to such payment.