Other conditions decisions — 2013

The Veteran's appeal is remanded for a new VA examination to determine the nature and etiology of his claimed skin disability, including whether it is related to service or secondary to diabetes mellitus. The examiner must provide a rationale for any opinions rendered.

The Veteran's skin disability, specifically his pilonidal cyst with hidradenitis suppurativa, is rated at 50 percent under the applicable rating criteria. The current evaluation adequately reflects the severity and symptoms of the condition.

The Veteran's left knee disability, characterized by slight instability and pain without additional limitation after repetitive use, does not warrant a higher rating as the symptoms do not meet the criteria for moderate subluxation or lateral instability.

The Veteran's left thumb tendonitis is currently rated as 10 percent disabling, effective January 23, 2007. The Board finds that the disability meets the criteria for a 10 percent evaluation based on objective evidence of pain throughout range of motion.

The Veteran's cause of death was determined to be metastatic breast cancer, which the VA has determined is presumptively service-connected due to exposure to Agent Orange during his military service.

The Board found that the cause of the Veteran's death, metastatic large cell carcinoma of the lung, was not related to service and specifically attributed it to asbestos exposure outside of military service.

The Board has ordered a remand due to the need for another VA examination to determine if the Veteran's endometriosis pre-existed service and was aggravated by service.

The Board found that the veteran did not have qualifying service for the purpose of legal entitlement to a one-time payment from the FVEC Fund, and therefore denied the claim.

The Board denied legal entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service in the United States Armed Forces.

The Board has ordered a remand due to inadequacy of the May 2011 VA medical opinion and need for further evidentiary development, including obtaining updated treatment records and clarifying whether the Veteran receives social security disability benefits.

The Board found that the Veteran's current bilateral foot condition, including his complaints of pain and skin rash, was less likely than not related to his active military service.

The Board denied a rating in excess of 20 percent for the service-connected chondromalacia of the left patella, finding that the evidence did not support such an increase.

The Board has granted service connection for degenerative joint disease of the right hip and left hip on a secondary basis, as these conditions are found to be related to the Veteran's service-connected low back and bilateral knee disabilities.

The Veteran's income from Social Security Administration (SSA) and other sources exceeds the maximum annual pension rate, thus he is ineligible for non-service-connected VA pension benefits.

The Board denied the Veteran's claims for increased ratings for his service-connected right ankle fracture and spontaneous pneumothorax, as well as his claim for a TDIU rating.

The Board has remanded the case for further development due to insufficient etiological opinion in the previous VA examination.

The case is being remanded for further development and consideration of the appellant's DIC claim under 38 U.S.C.A. § 1318, as well as her earlier effective date claim for TDIU for accrued benefits purposes.

The Board has determined that the Veteran does not have a service-connected right testicular disorder and denied his claim for an initial rating of 30 percent for a headache disability.

The Board found that the deceased service member's character of discharge was under conditions other than honorable due to multiple periods of AWOL, and thus his basic eligibility for VA benefits is barred.

The Veteran's abdominal adhesions, status-post caesarian section, was reduced from 30 percent to 10 percent based on a May 2008 VA examination. The Veteran testified that she did not accurately report her pain level at the VA examination and requests another examination.