Other conditions decisions — 2013

The Veteran's service-connected conditions do not render him unable to obtain and retain substantially gainful employment.

The Board has remanded the case for further development, including searching for missing service treatment records and conducting additional searches of federal records. The Veteran's claim to reopen a dental disorder service connection is pending.

The Board denied service connection for angina pectoris and a chronic skin disability, both claimed as due to mustard gas exposure. The Veteran's claims were based on direct evidence of the conditions without any service connection theory related to mustard gas exposure.

The Board has determined that the appellant does not have qualifying service and therefore is not eligible for a one-time payment from the FVEC Fund.

The Veteran's appeal is remanded for a VA examination to assess the current manifestations of his service-connected hypertrophic gastritis, including whether he has an active duodenal or gastric ulcer and if so, its severity.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of qualifying service, as determined by the National Personnel Records Center (NPRC). The appellant did not have active service in the United States Armed Forces and was certified by NPRC that he had no service as a member of the Philippine Commonwealth Army.

The Board denied the Veteran's claims for a higher rating for his service-connected left olecranon bursitis, status post excision, exostosis. The appeal is now pending with the VA RO.

The Board has determined that the Veteran's service-connected right thigh gunshot wound residuals warrant a rating of 30 percent, effective from the date of claim.

The Veteran did not sustain a broken arm during active military service and there are no current residuals associated with such an injury. As such, the claim for service connection for the residuals of a broken arm is denied.

The Veteran's claim for service connection for a skin disorder, to include chronic urticaria, is being remanded due to the need for additional development and examination.

The Board has determined that the Appellant does not meet the eligibility requirements for VA death benefits as a surviving spouse of the Veteran due to her marriage being less than one year prior to his death and no child born during their marriage.

The Veteran's claim for service connection for a genitourinary disability, claimed as secondary to his service-connected disabilities or due to exposure to Agent Orange, is being remanded for additional development. The issue of whether the current genitourinary disability(s) are related to military service or PTSD will be addressed.

The Board has ordered the case back to the RO for additional development, including obtaining medical records and opinions regarding the Veteran's right hand condition.

The Veteran's claim for service connection for bruxism, to include as secondary to his service-connected anxiety disorder is being remanded due to the need to obtain additional medical records and provide a VA examination.

The Veteran's onychomycosis, which caused removal of the right great toenail with exfoliation and crusting, hyperhidrosis, redness, and swelling but no ulceration or limitation of motion, has been rated as noncompensable due to its minimal impact on her body surface area and functional impairment. The Veteran's symptoms have not met the criteria for a compensable rating under any applicable diagnostic code.

The Veteran's additional disability, residuals of perforated diverticulitis with a history of inflammatory bowel disease, was caused by substandard care provided at the VA Medical Center in Durham. The error in judgment led to an untreated abscess that resulted in complications.

The Board found that the appellant engaged in willful and persistent misconduct during service, resulting in a dishonorable discharge. This character of discharge is considered a bar to VA benefits.

The Board has determined that the appellant does not meet the basic eligibility criteria for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service.

The Veteran's discharge was not due to a service-connected disability and he served less than 90 days, so he does not meet the criteria for basic eligibility for VA home loan guaranty benefits.

The Board has remanded the case for scheduling a hearing before a Veterans Law Judge of the Board by videoconference from the RO.