Other conditions decisions — 2013

The Board found that there is no evidence to support the claim of service connection for residuals of left trochanter fracture due to gunshot wound, as it was not incurred or aggravated during a period of active duty. The Appellant's contention that physical training in service aggravated his pre-existing injury was not supported by the evidence.

The Veteran's left hip DJD was rated at 10% from March 8, 2005 to November 30, 2006. A separate 10% rating for inability to cross the left leg over the right leg and a 10% rating for instability of the left hip were granted during this period. From November 30, 2006 to August 1, 2007, a separate 10% rating for instability was granted. The Veteran's current 30% rating for DJD is maintained from October 1, 2008.

The Board denied the Veteran's claims for service connection for a bilateral leg disability and an increased rating for her bilateral foot disorder. The Veteran's bilateral flatfeet with plantar fasciitis were rated at 10 percent since September 21, 2007.

The Board has remanded the case for further development, including obtaining an opinion from a VA examiner regarding whether the Veteran's current thoracic spine disability is related to service or any incident therein.

The Board has remanded the case due to incomplete records and procedural deficiencies, requiring further development before a final decision can be made.

The Board found that the Veteran's bilateral cataracts, right eye astigmatism, left eye mild hypermetropic astigmatism, and bilateral presbyopia were not incurred in or aggravated by his military service.

The Veteran's claims for higher ratings for residuals of cold weather injury to the right and left lower extremities, as well as separate ratings for edema prior to October 30, 2008, were denied. The highest rating available under applicable diagnostic codes was already assigned.

The Board denied service connection for left and right leg disabilities, finding that the Veteran's current conditions are not related to his military service.

The Veteran is seeking service connection for cold injury residuals of the feet, hands and face. The Board has determined that a remand is necessary to obtain clarification on the nature and etiology of these conditions.

The Board has determined that the Veteran's bladder disability did not have onset in service and was not caused or permanently aggravated by his active military service, including his service-connected lumbosacral spine disability.

The Veteran's left and right knee disabilities have been rated at 10 percent each, based on painful motion. The evidence does not support a higher rating under the applicable diagnostic codes for limitation of motion.

The Veteran's malignancy was diagnosed as squamous cell carcinoma, not lymphoma. The Board found no evidence of a current diagnosis of lymphoma and determined that the squamous cell carcinoma is not related to service or herbicide exposure.

The Board has determined that service connection for the cause of the Veteran's death is granted due to evidence in equipoise as to whether his multiple myeloma was related to exposure to toxic chemicals during his service.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his post-operative residuals of a duodenal ulcer and right inguinal hernia.

The Veteran's appeal is being remanded for further development, including obtaining medical records and a VA examination to determine the nature of his pulmonary disorder and whether it is related to service exposure to asbestos or herbicides.

The Board has determined that the Veteran's currently shown lupus is caused by his service-connected chronic lymphocytic leukemia, and thus grants service connection for lupus as secondary to chronic lymphocaltyic leukemia.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing at the RO in Winston-Salem, North Carolina. The Veteran has requested such a hearing and must be notified of the date, time, and place.

The Board denied the Veteran's claim for service connection for a herniated disc L3-L4 and spinal stenosis disability, finding that there was no evidence of a current low back disability related to his military service.

The Board has ordered additional development due to conflicting evidence regarding the Veteran and appellant's marital status, as well as potential procedural issues related to dependency eligibility for educational benefits.

The Board found that the overpayment of $40,197 was properly created due to the Veteran's failure to report his incarceration and denied the request for waiver of recovery.