Other conditions decisions — 2013

The Board denied an initial compensable rating for bilateral lower extremity fasciotomy, muscle herniation with partial paresis of the superficial nerve of the left and right lower extremities. The Veteran's service-connected conditions do not meet criteria for a higher rating under applicable diagnostic codes.

The Board has determined that the Veteran's dry eye syndrome is due to disease or injury incurred in active service, and thus grants service connection for this condition.

The Veteran's service-connected left patellar arthritis and chondromalacia status post arthroscopy are currently rated at 20 percent, which is the maximum schedular rating available. The Veteran's right patellar arthritis and chondromalacia are also currently rated at 10 percent.

The Board has remanded the case for further development due to incomplete verification of service records. The appellant's claim remains on appeal and will be reconsidered after all necessary actions are taken.

The Board has determined that the appellant does not have qualifying service for eligibility to receive a one-time payment from the Filipino Veterans Equity Compensation Fund, and thus denies his claim.

The Veteran's claims for increased ratings for his great toe disabilities and service connection for an acquired psychiatric disorder were denied. The left and right hallux valgus (great toe) disabilities are currently rated as 10% each under Diagnostic Code 5280.

The Board has determined that the Veteran's participation in a strenuous training course after her initial neck injury aggravated her condition beyond its natural progression, and thus service connection is granted for residuals of a neck injury.

The Board has remanded the case due to procedural issues related to the Veteran's exposure to ionizing radiation during service, and the need for a determination of whether his cholangiocarcinoma resulted from this exposure.

The Veteran's claims for service connection are being remanded to obtain additional dental records and conduct a VA examination. The examiner will assess whether the Veteran has bone loss due to in-service trauma, if such bone loss is at least as likely as not caused by in-service trauma, and if any of his teeth were lost due to this bone loss.

The Board has decided to remand the claim due to incomplete service records and a need for further development, including obtaining alternative sources of evidence.

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

The Veteran's claim for service connection for a bilateral hand disability, which she asserts is related to her service-connected foot disorder, has been remanded due to the need for additional development of her medical records and an advisory opinion from a rheumatologist.

The Veteran's claim for an extension of the delimiting date beyond June 24, 2004, to use VA education benefits under Chapter 30 was denied as he did not meet the legal criteria set forth in the regulations.

The Board has granted a 10 percent rating for the Veteran's residuals of a right fourth finger injury, effective from the date of the decision.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized active military service, as determined by the National Personnel Records Center.

The Veteran's overpayment of special monthly pension benefits based on the need for aid and attendance is waived due to undue hardship caused by incomplete information provided, which resulted in an erroneous termination of his benefits. Recovery would have posed an undue hardship as it would have deprived him of basic necessities.

The Board has determined that additional development is needed to determine the etiology of any hip disorders and whether they are related to service-connected bilateral pes cavus. The Veteran's claim for service connection will be remanded for further action.

The Board denied the Veteran's claims for reopening his gastrointestinal disability and skin disability service connection claims, finding that new and material evidence was not received to reopen the gastrointestinal claim and there is no credible evidence of a link between any diagnosed skin disability and service.

The Veteran's gouty arthritis of the feet prior to June 23, 2010 did not meet the criteria for a disability rating in excess of 20 percent.

The Board has determined that service connection is granted for residuals of left ear otitis media with tympanoplasty, mastoidectomy, ossiculoplasty, and otalgia. However, the Veteran does not have or had any current residuals from an epidermal inclusion cyst over the left mandible during the appellate period.