Other conditions decisions — 2013

The Veteran's right foot fracture residuals have been rated at 30 percent, the highest noncompensable rating available under VA regulations.

The Veteran's increased rating for ulnar nerve pathology of the right elbow was granted, with a 40% disability rating effective September 29, 2010.

The Veteran's appeal is remanded due to the need for additional medical opinion regarding his service connection claim, specifically addressing whether his in-service vaccination theory should be considered.

The Veteran's CVA residuals and associated aphasia are currently rated at 10 percent, but no more. The Board granted an increased rating to 40 percent for hemiparesis of the right lower extremity and a 50 percent rating for hemiparesis of the right upper extremity.

The Board found that the Veteran's pre-existing bilateral eye disability did not increase in severity during service and was not permanently worsened beyond its natural progress by military service.

The Board has granted service connection for PVD, finding that it is the result of his service-connected asbestosis. The claim to reopen the macular degeneration issue remains with the RO.

The Veteran's service-connected left arm disability does not preclude him from obtaining and maintaining employment that could be considered substantially gainful, given his education, prior work experience, and training. The Board finds the criteria for a TDIU are not met.

The Veteran's current blindness in the left eye with light perception only is not considered to be caused by VA medical treatment, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the Veteran's current gastrointestinal disorder is not related to his service, specifically the isolated episode of food poisoning he experienced in Vietnam. The Veteran's irritable bowel syndrome is considered unrelated to this incident.

The claimant's service is not recognized as qualifying for VA benefits, and therefore the appeal is denied.

The Veteran's squamous cell carcinoma of the head and neck was not incurred or aggravated by service, including as due to exposure to Agent Orange. The Board found that there is no evidence linking his current condition to his military service.

The Veteran's claim for a rating in excess of 50 percent for her service-connected status post total abdominal hysterectomy and bilateral salpingoophorectomy was denied as the disability picture is not considered exceptional or unusual.

The Veteran's appeal for an increased rating for spondylolisthesis has been dismissed as she requested withdrawal of her appeal.

The Veteran's squamous cell carcinoma of the base of the tongue was not incurred or aggravated during service and is not linked to his exposure to herbicides. The claim for TDIU remains pending.

The Veteran's claim for an evaluation in excess of 10 percent for perianal abscess and pilonidal cyst was denied, as the evidence did not demonstrate surgery necessitating at least one month of convalescence. The temporary total evaluation under 38 C.F.R. § 4.30 for service-connected perianal abscess and pilonidal cyst was also denied due to lack of meeting the criteria for a temporary total rating.

The Veteran's right ankle disability is currently rated at the maximum applicable rating, 40 percent, and no further increase in rating is warranted.

The Veteran's service in Vietnam did not result in the appellant being born with birth defects, and there is no evidence of herbicide exposure. The claim for benefits under 38 U.S.C.A. § 1815 is denied as the appellant does not meet the eligibility criteria.

The Board has remanded the Veteran's claims for an increased rating and TDIU due to his service-connected postoperative Freiberg's disease of the right 2nd toe. The RO is instructed to arrange for a VA examination, obtain any additional evidence, and adjudicate these matters in light of all pertinent evidence.

The Board has denied the appellant's claim for legal entitlement to VA disability benefits as he does not have recognized active military service for purposes of obtaining such benefits.

The appellant is not shown to have had active military, naval, or air service and therefore does not qualify for benefits from the Filipino Veterans Equity Compensation Fund.