Other conditions decisions — 2013

The Veteran's service-connected scars to the left and right breast each measure 12.0 cm x 0.2 cm; are shown to be tender/painful on examination, but do not limit motion or result in loss of function; there is no evidence of skin ulceration or breakdown over the scars and they are not unstable.

The Veteran's bursitis of the left shoulder is currently rated at 10 percent, but the Board finds that a higher rating is not warranted based on the evidence provided.

The Board has determined that the Veteran does not have a current disability attributable to ASCUS, and thus service connection cannot be granted.

The Board has remanded the case for a new VA examination to assess the severity of the Veteran's service-connected arthritis and gout, including its impact on his ability to secure and follow a substantially gainful occupation.

The Board denied the appellant's request for a waiver of overpayment of VA pension benefits, finding that her actions contributed to the creation of the debt due to failure to report additional income from Social Security Administration (SSA) benefits received on behalf of the Veteran's minor children.

The Board found that the Veteran's chronic skin disability was not incurred in or aggravated by service, including presumed exposure to herbicides.

The Veteran's OCD has been rated at a 70 percent disability rating since July 20, 2001. The RO determined that the aggravation deduction was zero.

The Board has remanded the case for further development, including obtaining consent forms and a medical opinion regarding the relationship between VA care received and the Veteran's death. The appeal is now pending again with the RO.

The Veteran's service-connected eye disabilities render him unable to secure or maintain substantially gainful employment, and the Board has granted a total disability rating based upon individual unemployability (TDIU).

The Veteran has withdrawn his appeal regarding the issue of entitlement to service connection for chest pain. As a result, this issue is dismissed.

The Board has remanded the case for further development, including obtaining service department verification of all periods of active duty and seeking additional medical records. A VA examination is also needed to determine if the appellant's lower left back and hip disorder existed prior to his military service and whether it was caused by or worsened during a period of military duty.

The Veteran's right long finger and ring finger disabilities are characterized by limitation of extension to 30 degrees of the PIP joint, with intermittent pain and swelling. The disability is rated at 10 percent under Diagnostic Code 5229.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and providing a VA examination to determine the relationship between his cardiovascular diseases and in-service asbestos exposure.

The appeal has been dismissed due to the death of the appellant during the pendency of the appeal.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board has received notification of a withdrawal from the Veteran, through his authorized representative, and thus the appeal is dismissed.

The Board dismissed the appeal regarding entitlement to an apportionment of the Veteran's VA compensation benefits for C.W. due to withdrawal by the appellant. The claim for an apportionment of the Veteran's VA compensation benefits for the appellant was denied as she was not legally married to the Veteran at the time her claim was received. The issue of entitlement to an apportionment of the Veteran's VA compensation benefits for T.W. is remanded for issuance of a statement of the case.

The appellant's character of discharge as under other than honorable conditions constitutes a bar to VA benefits, including health care benefits.

The VA determined that the Veteran's respiratory disorder, including as due to exposure to asbestos, was not incurred in or aggravated by active duty and denied service connection. The VA also found no evidence of bronchiectasis being related to his pre-existing condition.