Other conditions decisions — 2013

The Board has determined that the Veteran's claim should be remanded for additional development, including obtaining his clinical records from Martin Army Hospital and VA treatment records from Allen Park. The Veteran will also need to provide releases for any private medical records he wishes to have associated with his claims file.

The Board denied the appellant's claim for one-time payment from the FVEC Fund due to a certification by the service department that the appellant did not have the requisite military service to establish eligibility.

The Board has determined that new and material evidence has been presented to reopen the claim of recognition as the surviving spouse of the Veteran for VA death benefits. However, the appellant is not recognized as the surviving spouse due to living with another man after 1993.

The Veteran's inner ear disability claim is being remanded for additional medical examination to determine the nature and etiology of any diagnosed condition, including whether it is related to service or service-connected conditions.

The Board has remanded the case for a new VA examination to determine the current level of severity of the Veteran's mood disorder and for obtaining all outstanding VA medical records related to his treatment. The appeal is also remanded due to the Veteran's assertion that his condition has worsened since the last examination.

The Veteran's claim for a total convalescent rating due to right inguinal hernia surgery has been granted, effective from April 15, 2005. The issue of entitlement to TDIU prior to August 29, 2012 remains pending.

The Veteran's service-connected mitral stenosis is rated at 60 percent, and he has been granted a TDIU rating due to his overall disability picture.

The Board has remanded the case for additional development due to the Appellant's failure to report to a scheduled VA examination and because of inconsistencies in his address information.

The Veteran was overpaid disability compensation benefits due to failure to report the death of his spouse, resulting in an overpayment from January 31, 2010. The case is remanded for further review and calculation of any overpayment.

The Board has determined that the Veteran's current sinus condition, including rhinitis and sinusitis, were incurred during active military service.

The Board has remanded the appeal to the RO for a Travel Board hearing on the issues of entitlement to service connection for arthritis of the back and hips.

The Veteran's service-connected postoperative herniated nucleus pulposus at L4-5 has been rated as 20 percent disabling since March 19, 2012. The rating is based on the current degree of forward flexion not exceeding 60 degrees.

The Veteran's death was caused by hepatic failure due to adenocarcinoma, which the VA examiner concluded may be related to his in-service exposure to Agent Orange. The Board found this evidence sufficient to grant service connection for cause of death.

The Board has reopened the claim for service connection for ulcerative colitis and granted it. The issue of service connection for joint pains is being remanded due to a lack of development.

The Veteran's claim for higher ratings for his service-connected herpes genitalia and venereal warts was granted, with a maximum rating of 60 percent effective January 21, 2005.

The Board denied service connection for a fibrolipoma of the scalp and peritonsillar abscess (mouth infection) due to lack of evidence linking these conditions to military service.

The Board has granted service connection for the residuals of a head injury, finding that there is at least an approximate balance of positive and negative evidence as to whether the Veteran has current residuals of a head injury related to an in-service head injury. The claim for basal cell carcinoma was not reopened due to lack of new and material evidence.

The Veteran's appeal is being remanded to obtain additional medical records and conduct further examinations to determine the appropriate disability rating for his service-connected postoperative chronic compartment syndrome of the left leg.

The Veteran's peripheral vascular disease of the left leg was found to meet criteria for a 40 percent evaluation prior to December 12, 2012. Beginning December 12, 2012, the condition met criteria for a 60 percent evaluation.

The Veteran's left thigh disability involves no more than overall moderate injury to Muscle Group XIV, characterized by some loss of muscle substance, pain, and a lowered threshold of fatigue, weakness, and some incoordination of gait with repetitive use. The criteria for an initial rating in excess of 10 percent are not met.